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Religion

Employment Division v. Smith

Decided: 1990

In brief

Held that neutral, generally applicable laws burdening religion do not require an exemption, narrowing free-exercise protections.

The Court's ruling in depth

Two Native American drug counselors were fired for religious use of peyote and denied unemployment benefits. Justice Scalia's majority held that the Free Exercise Clause does not entitle religious adherents to exemption from neutral, generally applicable laws — a sharp departure from prior doctrine that had required strict scrutiny. Congress responded with the Religious Freedom Restoration Act. Smith remains controversial and the subject of ongoing challenges from within the Court itself.

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