Sample Essay on:
U.S. SUPREME COURT VS. EMPLOYMENT DIV., ORE. DEPT. OF HUMAN RES. v. SMITH, 494 U.S. 872 (1990)

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Essay / Research Paper Abstract

This 3-page paper is an analysis of a brief, which determines if religious practices are exceptions to state law.

Page Count:

3 pages (~225 words per page)

File: D0_MTscvsem.rtf

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Unformatted sample text from the term paper:

U.S. Supreme Court, under the case of Employment Division, Oregon Department of Human Resources vs. Smith, from 1990. Judicial History. As most cases reaching The High Court do, this one has a history, dating back to the lower courts -- in this case, the Supreme Court of Oregon. The case was first argued in the Oregon Court of Appeals, which reversed the ruling of the Employment Division, prohibiting compensation, then ultimately made it to the Supreme Court of Oregon, as Employment Division, Department of Human Resources of Oregon et al. vs. Smith et al. The case was argued on November 6, 1989 and decided on April 17, 1990, affirming that Smith et als rights were being violated by not receiving compensation. The Supreme Court of the U.S., therefore, had to decide if sacramental peyote use is "proscribed by the States controlled substance law," in other words, if it is a felony to knowingly possess the drug, and to ingest it. Facts. The respondents (i.e., plaintiffs), Smith and Black were fired by a drug rehabilitation firm for ingesting peyote, a hallucinogenic drug. This was not recreational drug use, however, but rather, for sacramental reasons as part of their religion (at their Native American church). Furthermore, their applications for unemployment compensation were rejected by the State of Oregon -- according to state law, they were disqualified from receiving compensation because they were discharged for "misconduct." The respondents held that their First Amendment rights (free speech and free exercise of religion) were ...

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