Start Date

1-5-2019 10:30 AM

End Date

1-5-2019 11:45 AM

Disciplines

History of Religion | Legal

Subjects

Freedom of religion -- Oregon -- Cases, Church and state -- Oregon -- Cases, Indians of North America -- Legal status laws etc. -- History

Description

A member of the Native American Church named Al Smith was fired from his job for using Peyote during a religious ceremony. He sued, and Employment Division of Oregon v. Smith was opened. Surprisingly, when the Supreme Court heard the case, they abandoned precedent for determining whether religious actions were permissible and ruled in favor of the state. The ruling was a setback for religious freedom, and particularly harmed minority religions. Other agencies stepped in to prevent Smith from decimating religious rights, but the Oregon Supreme Court officially accepted the Supreme Court’s ruling on the case, despite having ruled in favor of Smith earlier. Their initial ruling invalidated the Oregon Bill of Right’s religious protections, setting them up to accept the Smith ruling.

Persistent Identifier

https://archives.pdx.edu/ds/psu/28571

Share

COinS
 
May 1st, 10:30 AM May 1st, 11:45 AM

When the Courts were Tripping: An Analysis of Employment Division v Smith and Its Impact on Oregon Law

A member of the Native American Church named Al Smith was fired from his job for using Peyote during a religious ceremony. He sued, and Employment Division of Oregon v. Smith was opened. Surprisingly, when the Supreme Court heard the case, they abandoned precedent for determining whether religious actions were permissible and ruled in favor of the state. The ruling was a setback for religious freedom, and particularly harmed minority religions. Other agencies stepped in to prevent Smith from decimating religious rights, but the Oregon Supreme Court officially accepted the Supreme Court’s ruling on the case, despite having ruled in favor of Smith earlier. Their initial ruling invalidated the Oregon Bill of Right’s religious protections, setting them up to accept the Smith ruling.