sherbert
verner
argued
april
decided
june
appellant
member
adventist
church
discharged
south
carolina
employer
work
saturday
sabbath
day
faith
unable
obtain
employment
work
saturday
filed
claim
unemployment
compensation
benefits
south
carolina
unemployment
compensation
act
provides
claimant
ineligible
benefits
failed
without
good
cause
accept
available
suitable
work
offered
state
commission
denied
appellant
application
ground
accept
suitable
work
offered
action
sustained
state
held
applied
south
carolina
statute
abridged
appellant
right
free
exercise
religion
violation
first
amendment
made
applicable
fourteenth
amendment
pp
disqualification
appellant
unemployment
compensation
benefits
solely
refusal
accept
employment
work
saturday
contrary
religious
belief
imposes
unconstitutional
burden
free
exercise
religion
pp
compelling
state
interest
enforced
eligibility
provisions
south
carolina
statute
justifies
substantial
infringement
appellant
right
religious
freedom
first
amendment
pp
decision
foster
establishment
adventist
religion
south
carolina
contrary
first
amendment
pp
william
donnelly
argued
cause
filed
briefs
appellant
daniel
mcleod
attorney
general
south
carolina
argued
cause
appellees
brief
victor
evans
assistant
attorney
general
briefs
amici
curiae
urging
reversal
filed
morris
abram
edwin
lukas
arnold
forster
melvin
wulf
paul
hartman
theodore
leskes
sol
rabkin
american
jewish
committee
et
leo
pfeffer
lewis
weinstein
albert
wald
shad
polier
ephraim
london
samuel
lawrence
brennglass
jacob
sheinkman
synagogue
council
america
et
al
justice
brennan
delivered
opinion
appellant
member
adventist
church
discharged
south
carolina
employer
work
saturday
sabbath
day
faith
unable
obtain
employment
conscientious
scruples
take
saturday
work
filed
claim
unemployment
compensation
benefits
south
carolina
unemployment
compensation
act
law
provides
eligible
benefits
claimant
must
able
work
available
work
claimant
ineligible
benefits
failed
without
good
cause
accept
available
suitable
work
offered
employment
office
employer
appellee
employment
security
commission
administrative
proceedings
statute
found
appellant
restriction
upon
availability
saturday
work
brought
within
provision
disqualifying
benefits
insured
workers
fail
without
good
cause
accept
suitable
work
offered
employment
office
employer
commission
finding
sustained
common
pleas
spartanburg
county
judgment
turn
affirmed
south
carolina
rejected
appellant
contention
applied
disqualifying
provisions
south
carolina
statute
abridged
right
free
exercise
religion
secured
free
exercise
clause
first
amendment
fourteenth
amendment
state
held
specifically
appellant
ineligibility
infringed
constitutional
liberties
construction
statute
places
restriction
upon
appellant
freedom
religion
way
prevent
exercise
right
freedom
observe
religious
beliefs
accordance
dictates
conscience
noted
probable
jurisdiction
appellant
appeal
reverse
judgment
south
carolina
remand
proceedings
inconsistent
opinion
door
free
exercise
clause
stands
tightly
closed
governmental
regulation
religious
beliefs
cantwell
connecticut
government
may
neither
compel
affirmation
repugnant
belief
torcaso
watkins
penalize
discriminate
individuals
groups
hold
religious
views
abhorrent
authorities
fowler
rhode
island
employ
taxing
power
inhibit
dissemination
particular
religious
views
murdock
pennsylvania
follett
mccormick
cf
grosjean
american
press
hand
rejected
challenges
free
exercise
clause
governmental
regulation
certain
overt
acts
prompted
religious
beliefs
principles
even
action
accord
one
religious
convictions
totally
free
legislative
restrictions
braunfeld
brown
conduct
actions
regulated
invariably
posed
substantial
threat
public
safety
peace
order
see
reynolds
jacobson
massachusetts
prince
massachusetts
cleveland
plainly
enough
appellant
conscientious
objection
saturday
work
constitutes
conduct
prompted
religious
principles
kind
within
reach
state
legislation
therefore
decision
south
carolina
withstand
appellant
constitutional
challenge
must
either
disqualification
beneficiary
represents
infringement
state
constitutional
rights
free
exercise
incidental
burden
free
exercise
appellant
religion
may
justified
compelling
state
interest
regulation
subject
within
state
constitutional
power
regulate
naacp
button
ii
turn
first
question
whether
disqualification
benefits
imposes
burden
free
exercise
appellant
religion
think
clear
sense
consequences
disqualification
religious
principles
practices
may
indirect
result
welfare
legislation
within
state
general
competence
enact
true
criminal
sanctions
directly
compel
appellant
work
week
beginning
end
inquiry
purpose
effect
law
impede
observance
one
religions
discriminate
invidiously
religions
law
constitutionally
invalid
even
though
burden
may
characterized
indirect
braunfeld
brown
supra
apparent
appellant
declared
ineligibility
benefits
derives
solely
practice
religion
pressure
upon
forego
practice
unmistakable
ruling
forces
choose
following
precepts
religion
forfeiting
benefits
one
hand
abandoning
one
precepts
religion
order
accept
work
hand
governmental
imposition
choice
puts
kind
burden
upon
free
exercise
religion
fine
imposed
appellant
saturday
worship
may
south
carolina
construction
statute
saved
constitutional
infirmity
ground
unemployment
compensation
benefits
appellant
right
merely
privilege
late
day
doubt
liberties
religion
expression
may
infringed
denial
placing
conditions
upon
benefit
privilege
american
communications
assn
douds
wieman
updegraff
hannegan
esquire
example
flemming
nestor
recognized
respect
federal
social
security
benefits
interest
covered
employee
act
sufficient
substance
fall
within
protection
arbitrary
governmental
action
afforded
due
process
clause
speiser
randall
emphasized
conditions
upon
public
benefits
sustained
operate
whatever
purpose
inhibit
deter
exercise
first
amendment
freedoms
struck
condition
limited
availability
tax
exemption
members
exempted
class
affirmed
loyalty
state
government
granting
exemption
state
surely
obligation
afford
exemption
held
imposition
condition
upon
even
gratuitous
benefit
inevitably
deterred
discouraged
exercise
first
amendment
rights
expression
thereby
threatened
produce
result
state
command
directly
deny
exemption
claimants
engage
certain
forms
speech
effect
penalize
speech
likewise
condition
availability
benefits
upon
appellant
willingness
violate
cardinal
principle
religious
faith
effectively
penalizes
free
exercise
constitutional
liberties
significantly
south
carolina
expressly
saves
sunday
worshipper
make
kind
choice
hold
infringes
sabbatarian
religious
liberty
times
national
emergency
textile
plants
authorized
state
commissioner
labor
operate
sunday
employee
shall
required
work
sunday
conscientiously
opposed
sunday
work
employee
refuse
work
sunday
account
conscientious
objections
shall
jeopardize
seniority
refusal
discriminated
manner
code
question
disqualification
sunday
worshipper
benefits
likely
arise
since
suppose
employer
discharge
violation
statute
unconstitutionality
disqualification
sabbatarian
thus
compounded
religious
discrimination
south
carolina
general
statutory
scheme
necessarily
effects
iii
must
next
consider
whether
compelling
state
interest
enforced
eligibility
provisions
south
carolina
statute
justifies
substantial
infringement
appellant
first
amendment
right
basic
showing
merely
rational
relationship
colorable
state
interest
suffice
highly
sensitive
constitutional
area
nly
gravest
abuses
endangering
paramount
interests
give
occasion
permissible
limitation
thomas
collins
abuse
danger
advanced
present
case
appellees
suggest
possibility
filing
fraudulent
claims
unscrupulous
claimants
feigning
religious
objections
saturday
work
might
dilute
unemployment
compensation
fund
also
hinder
scheduling
employers
necessary
saturday
work
possibility
apposite
objection
appears
made
south
carolina
unwilling
assess
importance
asserted
state
interest
without
views
state
contention
made
record
appear
sustain
proof
whatever
warrant
fears
malingering
deceit
respondents
advance
even
consideration
evidence
foreclosed
prohibition
judicial
inquiry
truth
falsity
religious
beliefs
ballard
question
intimate
view
since
us
highly
doubtful
whether
evidence
sufficient
warrant
substantial
infringement
religious
liberties
even
possibility
spurious
claims
threaten
dilute
fund
disrupt
scheduling
work
plainly
incumbent
upon
appellees
demonstrate
alternative
forms
regulation
combat
abuses
without
infringing
first
amendment
rights
cf
shelton
tucker
talley
california
schneider
state
martin
struthers
respects
state
interest
asserted
present
case
wholly
dissimilar
interests
found
justify
less
direct
burden
upon
religious
practices
braunfeld
brown
supra
recognized
sunday
closing
law
decision
sustained
undoubtedly
served
make
practice
orthodox
jewish
merchants
religious
beliefs
expensive
statute
nevertheless
saved
countervailing
factor
finds
equivalent
instant
case
strong
state
interest
providing
one
uniform
day
rest
workers
secular
objective
achieved
found
declaring
sunday
day
rest
requiring
exemptions
sabbatarians
theoretically
possible
appeared
present
administrative
problem
magnitude
afford
exempted
class
great
competitive
advantage
requirement
rendered
entire
statutory
scheme
unworkable
present
case
justifications
underlie
determination
state
appellant
religion
makes
ineligible
receive
benefits
iv
holding
plainly
fostering
establishment
adventist
religion
south
carolina
extension
unemployment
benefits
sabbatarians
common
sunday
worshippers
reflects
nothing
governmental
obligation
neutrality
face
religious
differences
represent
involvement
religious
secular
institutions
object
establishment
clause
forestall
see
school
district
abington
township
schempp
ante
recognition
appellant
right
unemployment
benefits
state
statute
serve
abridge
person
religious
liberties
decision
today
declare
existence
constitutional
right
unemployment
benefits
part
persons
whose
religious
convictions
cause
unemployment
case
employee
religious
convictions
serve
make
nonproductive
member
society
see
note
supra
finally
nothing
say
today
constrains
adopt
particular
form
scheme
unemployment
compensation
holding
today
south
carolina
may
constitutionally
apply
eligibility
provisions
constrain
worker
abandon
religious
convictions
respecting
day
rest
holding
reaffirms
principle
announced
decade
half
ago
namely
state
may
exclude
individual
catholics
lutherans
mohammedans
baptists
jews
methodists
presbyterians
members
faith
faith
lack
receiving
benefits
public
welfare
legislation
everson
board
education
view
result
reached
first
fourteenth
amendments
guarantee
free
exercise
religion
occasion
consider
appellant
claim
denial
benefits
also
deprived
equal
protection
laws
violation
fourteenth
amendment
judgment
south
carolina
reversed
case
remanded
proceedings
inconsistent
opinion
ordered
footnotes
discharge
appellant
sought
employment
three
mills
spartanburg
area
found
suitable
work
available
mills
filing
claim
commission
expressed
willingness
accept
employment
mills
even
another
industry
long
saturday
work
required
record
indicates
adventists
spartanburg
area
appellant
one
unable
find
suitable
employment
pertinent
sections
south
carolina
unemployment
compensation
act
code
tit
follows
conditions
eligibility
benefits
unemployed
insured
worker
shall
eligible
receive
benefits
respect
week
commission
finds
able
work
available
work
claimant
shall
considered
available
work
engaged
nature
return
promise
remuneration
excess
weekly
benefit
amounts
received
otherwise
unemployed
period
time
disqualification
benefits
insured
worker
shall
ineligible
benefits
discharge
misconduct
commission
finds
discharged
misconduct
connected
recent
work
prior
filing
request
determination
insured
status
request
initiation
claim
series
within
established
benefit
year
ineligibility
beginning
effective
date
request
continuing
less
five
next
consecutive
weeks
addition
waiting
period
determined
commission
case
according
seriousness
misconduct
failure
accept
work
commission
finds
failed
without
good
cause
either
apply
available
suitable
work
directed
employment
office
commission
ii
accept
available
suitable
work
offered
employment
office
employer
iii
return
customary
directed
commission
ineligibility
shall
continue
period
five
weeks
week
failure
occurred
next
four
weeks
addition
waiting
period
determined
commission
according
circumstances
case
determining
whether
work
suitable
individual
commission
shall
consider
degree
risk
involved
health
safety
morals
physical
fitness
prior
training
experience
prior
earnings
length
unemployment
prospects
securing
local
work
customary
occupation
distance
available
work
residence
suggested
appellant
within
class
entitled
benefits
south
carolina
statute
unemployment
result
discharge
layoff
due
lack
work
true
unavailability
work
personal
reasons
matters
conscience
religion
held
basis
disqualification
benefits
see
judson
mills
south
carolina
unemployment
compensation
stone
mfg
south
carolina
employment
security
appellant
claims
free
exercise
clause
prevents
state
basing
denial
benefits
upon
personal
reason
gives
working
saturday
consequence
disqualification
directly
affects
first
amendment
rights
surely
conclude
every
personal
reason
basis
disqualification
absence
explicit
language
effect
statute
decisions
south
carolina
nothing
found
statute
cited
decisions
cf
lee
spartan
mills
cch
unemployment
ins
certainly
nothing
south
carolina
opinion
case
construes
statute
indeed
contrary
seems
basic
assumption
eligibility
provisions
thus
limited
unnecessary
decided
appellant
constitutional
challenge
application
statute
free
exercise
clause
likewise
decision
state
rest
upon
finding
appellant
disqualified
benefits
discharged
misconduct
reason
saturday
absences
within
meaning
ground
adopted
south
carolina
appellees
urge
disqualification
rests
upon
ground
closely
analogous
context
said
fact
direct
restraint
punishment
imposed
upon
speech
assembly
determine
free
speech
question
circumstances
indirect
discouragements
undoubtedly
coercive
effect
upon
exercise
first
amendment
rights
imprisonment
fines
injunctions
taxes
requirement
adherents
particular
religious
faiths
political
parties
wear
identifying
example
obviously
nature
american
communications
assn
douds
cf
smith
california
see
examples
conditions
qualifications
upon
governmental
privileges
benefits
invalidated
tendency
inhibit
constitutionally
protected
activity
steinberg
cl
supp
syrek
california
unemployment
ins
board
cal
fino
maryland
employment
security
board
md
chicago
housing
authority
blackman
housing
authority
los
angeles
cordova
cal
app
lawson
housing
authority
milwaukee
danskin
san
diego
unified
school
district
cal
american
civil
liberties
union
board
education
cal
cf
city
baltimore
abell
md
see
also
willcox
invasions
first
amendment
conditioned
public
spending
cornell
emerson
toward
general
theory
first
amendment
yale
rev
rev
note
unconstitutional
conditions
harv
rev
note
instant
decision
state
courts
without
exception
granted
benefits
persons
physically
available
work
unable
find
suitable
employment
solely
religious
prohibition
saturday
work
miller
swenson
michigan
employment
security
tary
board
review
ohio
cf
kut
albers
super
markets
ohio
appeal
dismissed
sub
nom
kut
bureau
unemployment
compensation
one
author
observed
law
settled
conscientious
objections
work
sabbath
made
work
unsuitable
objectors
nevertheless
available
work
contrary
opinion
make
unemployment
compensation
law
unconstitutional
violation
freedom
religion
religious
convictions
strongly
held
impelling
constitute
good
cause
refusal
since
availability
refers
suitable
work
religious
observers
unavailable
excluded
sabbath
work
altman
availability
work
study
unemployment
compensation
see
also
sanders
disqualification
unemployment
insurance
vand
rev
rev
cf
freeman
able
work
available
work
yale
eligibility
provisions
similar
south
carolina
statute
appear
given
administrative
rulings
concerning
eligibility
persons
whose
religious
convictions
prevented
accepting
available
work
held
persons
entitled
benefits
although
apparently
one
decision
rests
exclusively
upon
federal
constitutional
ground
constitutes
basis
decision
see
rev
rev
see
note
state
sunday
laws
religious
guarantees
federal
constitution
harv
rev
considerations
also
distinguish
quite
different
case
flemming
nestor
supra
upon
appellees
rely
case
found
compelling
federal
interests
underlay
decision
congress
impose
disqualification
justified
whatever
effect
denial
social
security
benefits
may
upon
disqualified
class
see
compare
torcaso
watkins
supra
undoubted
state
interest
ensuring
veracity
trustworthiness
notaries
public
held
insufficient
justify
substantial
infringement
upon
religious
freedom
applicants
position
resulted
required
oath
belief
god
see
harv
rev
rev
justice
douglas
concurring
case
decision
seems
small
dimensions
though
profoundly
important
question
whether
south
carolina
law
denies
unemployment
compensation
adventist
religion
declined
work
sabbath
law
prohibiting
free
exercise
religion
words
used
first
amendment
seems
obvious
law
run
afoul
clause
religious
scruples
moslems
require
attend
mosque
friday
pray
five
times
daily
religious
scruples
sikh
require
carry
regular
symbolic
sword
rex
singh
allahabad
religious
scruples
jehovah
witness
teach
colporteur
going
door
door
town
town
distributing
religious
pamphlets
see
murdock
pennsylvania
religious
scruples
quaker
compel
refrain
swearing
affirm
instead
see
king
fearson
fed
cas
fed
cas
federal
rules
civil
procedure
rule
schwimmer
dissenting
opinion
religious
scruples
buddhist
may
require
refrain
partaking
flesh
even
fish
examples
multiplied
including
adventist
whose
sabbath
saturday
advised
eat
meats
suffice
however
show
many
people
hold
beliefs
alien
majority
society
beliefs
protected
first
amendment
easily
trod
upon
guise
police
health
regulations
reflecting
majority
views
thought
majority
community
state
action
compel
minority
observe
particular
religious
scruples
long
majority
rule
said
perform
valid
secular
function
essence
decision
sunday
blue
law
cases
gallagher
crown
kosher
market
braunfeld
brown
mcgowan
maryland
ruling
dissented
mcgowan
maryland
supra
pp
still
dissent
see
arlan
dept
store
kentucky
ruling
travels
part
distance
south
carolina
asks
us
go
asks
us
hold
comes
day
rest
sabbatarian
must
conform
scruples
majority
order
obtain
unemployment
benefits
result
turns
degree
injury
may
indeed
nonexistent
ordinary
standards
harm
interference
individual
scruples
conscience
important
area
privacy
first
amendment
fences
government
interference
plain
soviet
russia
churchgoer
given
citizenship
resulting
harm
though
perhaps
measurable
damages
case
resolvable
terms
individual
demand
government
solely
terms
government
may
individual
violation
religious
scruples
fact
government
exact
surrender
one
iota
religious
scruples
course
mean
demand
government
sum
money
better
exercise
free
exercise
clause
written
terms
government
individual
terms
individual
exact
government
considerations
however
relevant
appellant
otherwise
qualified
unemployment
benefits
payments
made
adventist
unemployed
worker
conceivably
payments
indirectly
benefit
church
salary
public
employee
thus
case
involve
problems
direct
indirect
state
assistance
religious
organization
matters
relevant
establishment
clause
issue
see
shorter
encyclopaedia
islam
cornell
press
see
narasu
essence
buddhism
ed
encyclopaedia
religion
ethics
see
adventists
answer
questions
doctrine
mitchell
adventists
ed
justice
stewart
concurring
result
although
fully
agreeing
result
reaches
case
join
opinion
case
presents
dilemma
candor
think
opinion
succeeded
papering
dilemma
resolved
years
ago
cantwell
connecticut
said
establishment
clause
free
exercise
clause
first
amendment
made
wholly
applicable
fourteenth
amendment
intervening
years
several
cases
involving
claims
state
abridgment
individual
religious
freedom
decided
recently
braunfeld
brown
torcaso
watkins
period
cases
dealing
specific
problems
arising
establishment
clause
reached
number
recent
last
term
engel
vitale
term
schempp
murray
cases
ante
convinced
liberty
essential
continued
vitality
free
society
constitution
guarantees
religious
liberty
protected
free
exercise
clause
explicit
first
amendment
imbedded
fourteenth
regret
occasion
specifically
braunfeld
brown
supra
shown
seemed
distressing
insensitivity
appropriate
demands
constitutional
guarantee
contrast
think
approach
establishment
clause
occasion
specifically
engel
schempp
murray
insensitive
positively
wooden
accorded
establishment
clause
meaning
neither
words
history
intention
authors
specific
constitutional
provision
even
remotely
suggests
views
correctness
decisions
cases
beside
point
point
decisions
books
result
many
situations
legitimate
claims
free
exercise
clause
run
collision
insensitive
sterile
construction
establishment
clause
controversy
us
clearly
case
appellant
refuses
accept
available
jobs
require
work
saturdays
south
carolina
declined
pay
unemployment
compensation
benefits
refusal
work
saturdays
based
tenets
religious
faith
says
south
carolina
circumstances
declare
available
work
within
meaning
statute
violate
constitutional
right
free
exercise
religion
yet
said
establishment
clause
must
inevitably
lead
diametrically
opposite
result
appellant
refusal
work
saturdays
based
indolence
compulsive
desire
watch
saturday
television
programs
one
say
south
carolina
hold
available
work
within
meaning
statute
establishment
clause
construed
permits
affirmatively
requires
south
carolina
equally
deny
appellant
claim
unemployment
compensation
refusal
work
saturdays
based
upon
religious
creed
said
everson
board
education
establishment
clause
bespeaks
government
stripped
power
support
otherwise
assist
religions
state
pass
laws
aid
one
religion
justice
rutledge
words
adopted
today
schempp
ante
establishment
clause
forbids
every
form
public
aid
support
religion
words
engel
vitale
reaffirmed
today
schempp
case
ante
establishment
clause
forbids
financial
support
government
placed
behind
particular
religious
belief
require
south
carolina
administer
laws
pay
public
money
appellant
circumstances
case
thus
clearly
require
state
violate
establishment
clause
construed
poses
problem
think
mechanistic
concept
establishment
clause
historically
unsound
constitutionally
wrong
think
process
constitutional
decision
area
relationships
government
religion
demands
considerably
invocation
broadbrushed
rhetoric
kind
quoted
think
guarantee
religious
liberty
embodied
free
exercise
clause
affirmatively
requires
government
create
atmosphere
hospitality
accommodation
individual
belief
disbelief
short
think
constitution
commands
positive
protection
government
religious
freedom
minority
however
small
majority
however
large
us
south
carolina
deny
unemployment
benefits
mother
unavailable
work
saturdays
unable
get
babysitter
thus
us
situation
state
provides
unemployment
compensation
generally
singles
disqualification
persons
unavailable
work
religious
grounds
short
scheme
operates
discriminate
religion
nevertheless
holds
state
must
prefer
religious
secular
ground
unavailable
work
state
financial
support
appellant
religion
constitutionally
required
carry
governmental
obligation
neutrality
face
religious
differences
yet
cases
decided
establishment
clause
decreed
otherwise
decreed
government
must
blind
differing
religious
beliefs
traditions
people
respect
think
duty
face
dilemma
posed
conflict
free
exercise
clause
constitution
establishment
clause
interpreted
duty
submit
owe
people
nation
duty
owe
long
resounding
fallacious
fundamentalist
rhetoric
establishment
clause
opinions
remains
books
disregarded
present
case
undiscriminatingly
invoked
schempp
case
ante
long
possibility
consistent
perceptive
decision
difficult
delicate
area
constitutional
law
impeded
impaired
long
fear
guarantee
true
religious
freedom
pluralistic
society
uncertain
insecure
ii
second
difference
opinion
agree
today
decision
stand
consistently
braunfeld
brown
supra
says
less
direct
burden
upon
religious
practices
case
respect
think
mistaken
simply
matter
fact
braunfeld
case
involved
state
criminal
statute
undisputed
effect
statute
pointed
justice
brennan
dissenting
opinion
case
plaintiff
abraham
braunfeld
unable
continue
business
may
stay
open
sunday
thereby
lose
capital
investment
words
issue
case
understand
either
appellees
contend
otherwise
whether
state
may
put
individual
choice
business
religion
impact
upon
appellant
religious
freedom
present
case
considerably
less
onerous
deal
criminal
statute
particularized
administration
south
carolina
unemployment
compensation
act
even
upon
unlikely
assumption
appellant
find
suitable
employment
appellant
worst
denied
maximum
weeks
compensation
payments
agree
possibility
denial
enough
infringe
upon
appellant
constitutional
right
free
exercise
religion
clear
order
reach
conclusion
must
explicitly
reject
reasoning
braunfeld
brown
think
braunfeld
case
wrongly
decided
overruled
accordingly
concur
result
reached
case
us
mcgowan
maryland
obvious
potentiality
collision
studiously
ignored
escaped
perception
commentators
see
katz
freedom
religion
state
neutrality
chi
rev
kauper
prayer
public
schools
rev
see
judson
mills
south
carolina
unemployment
compensation
hartsville
cotton
mill
south
carolina
employment
security
noted
record
indicates
adventists
spartanburg
area
appellant
one
unable
find
suitable
employment
ante
justice
harlan
justice
white
joins
dissenting
today
decision
disturbing
rejection
existing
precedent
implications
future
significance
decision
best
understood
examination
state
law
applied
case
south
carolina
unemployment
compensation
law
enacted
response
grave
social
economic
problems
arose
depression
period
stated
statute
economic
insecurity
due
unemployment
serious
menace
health
morals
welfare
people
state
involuntary
unemployment
therefore
subject
general
interest
concern
achievement
social
security
requires
protection
greatest
hazard
economic
life
provided
encouraging
employers
provide
stable
employment
systematic
accumulation
funds
periods
employment
provide
benefits
periods
unemployment
thus
maintaining
purchasing
power
limiting
serious
social
consequences
poor
relief
assistance
emphasis
added
south
carolina
uniformly
applied
law
conformity
clearly
expressed
purpose
consistently
held
one
available
work
unemployment
resulted
inability
industry
provide
job
rather
personal
circumstances
matter
compelling
reference
involuntary
unemployment
legislative
statement
policy
whatever
sociologist
philosopher
theologian
might
say
interpreted
embrace
personal
circumstances
see
judson
mills
south
carolina
unemployment
compensation
claimant
unavailable
work
became
unable
work
third
shift
limited
availability
two
need
care
four
children
stone
mfg
south
carolina
employment
security
hartsville
cotton
mill
south
carolina
employment
security
present
case
state
done
apply
accepted
principles
since
virtually
mills
spartanburg
area
operating
week
appellant
unavailable
work
thus
ineligible
benefits
personal
considerations
prevented
accepting
employment
fulltime
basis
industry
locality
worked
fact
personal
considerations
sprang
religious
convictions
wholly
without
relevance
state
application
law
thus
proper
sense
said
state
discriminated
appellant
basis
religious
beliefs
denied
benefits
adventist
denied
benefits
claimant
denied
benefits
available
work
personal
reasons
background
decision
comes
clearer
focus
holding
state
chooses
condition
unemployment
compensation
applicant
availability
work
constitutionally
compelled
carve
exception
provide
benefits
whose
unavailability
due
religious
convictions
holding
particular
significance
two
respects
first
despite
protestations
contrary
decision
necessarily
overrules
braunfeld
brown
held
offend
free
exercise
clause
constitution
state
forbid
sabbatarian
business
sunday
secular
purpose
statute
us
today
even
clearer
involved
braunfeld
braunfeld
exceptions
sunday
closing
laws
sabbatarians
inconsistent
purpose
achieve
uniform
day
rest
required
inquiry
religious
beliefs
exception
rules
eligibility
based
religious
convictions
necessitate
judicial
examination
convictions
odds
limited
purpose
statute
smooth
economy
periods
industrial
instability
finally
indirect
financial
burden
present
law
far
less
involved
braunfeld
forcing
store
owner
close
business
sunday
may
well
effect
depriving
satisfactory
livelihood
religious
convictions
require
close
saturday
well
dealing
temporary
benefits
amounting
fraction
regular
weekly
wages
running
weeks
see
clearly
difference
case
braunfeld
cut
present
appellant
second
implications
present
decision
far
troublesome
apparently
narrow
dimensions
indicate
first
glance
meaning
today
holding
already
noted
state
must
furnish
unemployment
benefits
one
unavailable
work
unavailability
stems
exercise
religious
convictions
state
words
must
single
financial
assistance
whose
behavior
religiously
motivated
even
though
denies
assistance
others
whose
identical
behavior
case
inability
work
saturdays
religiously
motivated
suggested
singling
religious
conduct
special
treatment
may
violate
constitutional
limitations
state
action
see
kurland
church
state
chi
rev
cf
cammarano
concurring
opinion
view
however
least
circumstances
case
permissible
accommodation
religion
state
chose
create
exception
eligibility
requirements
persons
like
appellant
constitutional
obligation
neutrality
see
school
district
abington
township
schempp
ante
narrow
channel
slightest
deviation
absolutely
straight
course
leads
condemnation
many
instances
course
charted
many
areas
pervasive
activities
state
justify
special
provision
religion
prevent
submerged
secularism
state
violates
obligation
neutrality
example
mandates
daily
religious
exercise
public
schools
attendant
pressures
school
children
exercise
entails
see
engel
vitale
school
district
abington
township
schempp
supra
believe
enough
flexibility
constitution
permit
legislative
judgment
accommodating
unemployment
compensation
law
exercise
religious
beliefs
appellant
much
reasons
however
subscribe
conclusion
state
constitutionally
compelled
carve
exception
general
rule
eligibility
present
case
situations
constitution
may
require
special
treatment
account
religion
view
far
view
amply
supported
course
constitutional
litigation
area
see
braunfeld
brown
supra
cleveland
prince
massachusetts
jacobson
massachusetts
reynolds
compulsion
present
case
particularly
inappropriate
light
indirect
remote
insubstantial
effect
decision
exercise
appellant
religion
light
direct
financial
assistance
religion
today
decision
requires
reasons
respectfully
dissent
opinion
judgment
completely
loss
understand
note
opinion
certainly
basing
today
decision
unsupported
supposition
day
south
carolina
may
conclude
personal
reason
unemployment
may
disqualify
claimant
relief
event
submit
perfectly
clear
south
carolina
compensate
persons
became
unemployed
personal
reason
distinguished
layoffs
lack
work
since
state
decisions
make
plain
persons
regarded
available
work
within
manifest
meaning
eligibility
requirements
understand
means
says
eligibility
provisions
thus
limited
unnecessary
south
carolina
decided
appellant
constitutional
challenge
suggest
rather
startling
disclaimer
ante
pp
holding
limited
applicability
whose
religious
convictions
make
nonproductive
members
society
nothing
adventists
spartanburg
area
employed
surely
disclaimer
taken
seriously
mean
case
come
differently
none
adventists
spartanburg
gainfully
employed
appellant
religion
prevented
working
tuesdays
instead
saturdays
suggesting
make
value
judgment
case
whether
particular
individual
religious
convictions
prevent
productive
think
inappropriate
function
perform
reliance
south
carolina
code
ante
support
conclusion
respect
free
exercise
misplaced
section
part
unemployment
compensation
law
extremely
narrow
provision
becomes
operative
periods
national
emergency
thus
bearing
circumstances
present
case
plainly
decisions
sunday
law
cases
appellant
derive
support
position
state
general
statutory
provisions
setting
aside
sunday
uniform
day
rest
since
ante
reach
appellant
equal
protection
argument
based
upon
south
carolina
emergency
provisions
consider
appropriate