Free Exercise
Wisco v. Yoder

p. 1012

F: Amish community won’t send kids to public school but law requires kids to go until they’re 16. Religious beliefs dictate that sending them out could harm their salvation.

I: Despite a substantial gov’t interest, can the Amish withhold their children from school for religious reasons?

H: Yes

R: The Amish proved that their religion was established and had bearing on the case. They also proved that the children didn’t need the schooling to function in Amish society and if the society were to fall apart they could function in the modern world.

Ru: ?

Posted by capn
Sherbert v. Verner

p. 1020

F: A woman is fired b/c she won't work on the Sabbath (saturday). Then files for unemployment and is denied for the same reason.

I: Does Free Exercise secure her ability to claim unemployment?

H: Yes.

R: The gov't interest was valid, but it infringed on 1 religion and not all, so it is unconst.

Ru:

Dissent: This decision infringes on mothers who can't find a babysitter on saturdays.

Posted by capn
Smith v. ...Oregon

p. 1046

F: The State of Oregon wants to include Peyote used in religion to be excluded in unemployment claims and criminally prosecutable.

I: Does this impinge on the free exercise clause?

H: Yes.

R: Blah.

Ru: The religious info doesn't matter if the law is:
1. Neutral.
2. Generally applicable.

Posted by capn