In Employment Division v. Smith, a case decided by the Supreme Court in 1990, Justice Anto...

Opinion | When Politics Isn’t About Principle – The New York Times

In Employment Division v. Smith, a case decided by the Supreme Court in 1990, Justice Antonin Scalia led the majority in ruling that the State of Oregon was allowed to deny unemployment benefits to two men fired from their jobs after ingesting peyote, an illegal drug, in a Native American religious ceremony.At the time, the ruling substantially narrowed constitutional protections for religious freedom by stating that so long as a law like the peyote ban was officially applied neutrally between religious and nonreligious people, it did not violate the First Amendment — even if in practice it led to specific …

 

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