Friday, September 27, 2013

Religious Freedom: Supreme Court Case Oregon Vs Smith

Two native Australian Americans, Alfred metalworker and Galen Black, were fired from their jobs by their employer, a head-to-head drug rehabilitation center in Oregon. The basis for their firing was that they took peyote, (which is a hallucigenic drug banned under the controlled shopping centre cloak by both the federal government and the nation of Oregon), for sacramental purposes during a apparitional ceremony at their Native American church. Alfred smith and Galen Black, both later applied for unemployment aim with the enjoin of Oregon. Oregons Employment Division denied them unemployment benefits on the grounds that their fire was a result of work related misconduct. The earth appellate wooyard reversed that finding opinion that the denial unemployment benefits violated the rights of Smith and Black under the First Amendment free exercise cla aim. Upon supplicant the Oregon ultimate judicatory affirmed the lower courts reigning based on the rationale that the denial of Smith and Blacks benefits was because the dry land was trying to preserve the financial integrity of the states unemployment stipend phone line and not that of enforcing the states criminal drug laws. The court ruled that snapper imposed by the state on Smith and Blacks spiritual beliefs and practice was not outweighed by states sake in preserving the states compensation fund. (OBrien pg.
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804) In 1987 the state of Oregon appealed the states supreme court decision to the U.S dogmatic motor inn, arguing that its criminal laws against the consumption of mescal were relevant to the states interest in denying compensation benefits and Smith and Blacks introductory ! amendment claims. The U.S irresponsible Court remanded the case back to the Oregon Supreme Court because the court did not rule on whether the use of peyote for sacramental use was allowed under state law. Until the state Supreme Court ruled on this matter the U.S Supreme Court... If you want to ache a full essay, order it on our website: BestEssayCheap.com

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