Constitutional Law (First Amendment – Free Exercise)

Employment Division v. Smith — Study Notes

Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990) (U.S. Supreme Court)

Study notes for Employment Division v. Smith: professor notes, cold call prep, exam angles, and memory aids.

The Free Exercise Clause does not require states to provide religious exemptions from neutral and generally applicable laws.
Professor Notes

In Employment Division v. Smith, the Supreme Court ruled that the Free Exercise Clause of the First Amendment does not require states to provide exemptions from generally applicable laws that affect religious practices, as long as those laws are neutral and not targeted at a specific religion. The case arose from the termination of employees Alfred Smith and Galen Black, who were dismissed from their counseling positions for using peyote as part of their religious practices. The Court emphasized the importance of upholding neutral laws designed to regulate conduct without targeting specific religious actions, thus reinforcing the principle that religious practices cannot exempt individuals from complying with general laws intended to serve public interests.

The ruling was pivotal as it highlighted the increased scrutiny on religious liberties versus state interests. The Court effectively shifted the balance towards governmental authority to impose generally applicable laws, even if they conflict with individual religious practices. This decision has had long-lasting implications on how courts evaluate the interplay between the Free Exercise Clause and statutory prohibitions, underscoring the need for laws that apply equally to all citizens regardless of their religious affiliations.

Cold Call Prep
  1. 1The Free Exercise Clause does not exempt individuals from complying with neutral laws of general applicability.
  2. 2Smith and Black lost their unemployment benefits due to the violation of state law against drug use, regardless of their religious beliefs.
  3. 3The case established a precedent that a state's interest in enforcing its laws supersedes individual religious practice when the law is neutral.
  4. 4Oregon's law criminalizing peyote use was upheld even though it affected the religious practices of the Native American Church.
  5. 5The ruling emphasized that not every law that has an impact on religious practices is unconstitutional.
Mnemonic Device

Neutral Law, No Exemption (NLNE)

Distinguish From
CaseDistinction
Wisconsin v. YoderIn Yoder, the Court upheld the right of Amish families to pull their children from public schools for religious reasons, finding that the state's interest did not outweigh religious freedom, unlike in Smith.
Policy Arguments

For the Rule

Allowing states to enforce generally applicable laws ensures social order and prevents religious practices from overriding legal norms.

Against the Rule

Religious freedoms should be protected even from neutral laws to prevent discrimination against minority faiths and to uphold individual religious practices.

Class Discussion Points
  • Discuss the implications of the ruling on minority religious practices in America.
  • Evaluate the balance between a state’s regulatory interests and individual religious freedoms.
  • Analyze how the ruling has influenced subsequent decisions regarding religious exemptions in state laws.
  • Consider the impact of this case on the interpretation of the Free Exercise Clause in relation to drug laws.
  • Debate whether the Court's approach in Smith provides adequate protection for religious minorities.
Exam Angle

Exams may focus on the balance between governmental authority and the free exercise of religion, requiring analysis of the implications of neutral laws versus religious exemptions.

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