thomas review ind empl sec argued october decided april petitioner jehovah witness initially hired work employer roll foundry fabricated sheet steel variety industrial uses foundry closed transferred department fabricated turrets military tanks since employer remaining departments transfer might sought engaged directly production weapons petitioner asked laid request denied quit asserting religious beliefs prevented participating production weapons applied unemployment compensation benefits indiana employment security act testified administrative hearing believed contributing production arms violated religion although good conscience engage indirectly production materials might used ultimately fabricate arms hearing referee found petitioner terminated employment religious convictions held petitioner entitled benefits voluntary termination based upon good cause arising connection work required indiana statute respondent review board affirmed indiana appeals reversed holding indiana statute applied improperly burdened petitioner right free exercise religion indiana vacated appeals decision denied petitioner benefits holding quit voluntarily personal reasons belief personal philosophical choice religious belief also concluded event termination motivated religion good cause objectively related work required indiana statute denying benefits created indirect burden petitioner free exercise right burden justified legitimate state interests held state denial unemployment compensation benefits petitioner violated first amendment right free exercise religion sherbert verner pp indiana improperly relied facts petitioner struggling beliefs able articulate belief precisely courts undertake dissect religious beliefs grounds indiana also erred apparently giving significant weight fact another jehovah witness petitioner consulted scruples working tank turrets guarantee free exercise limited beliefs shared members religious sect narrow function reviewing context determine whether appropriate finding petitioner terminated work work forbidden religion record shows petitioner terminated employment religious reasons pp person may compelled choose exercise first amendment right participation otherwise available public program true indiana law compel violation conscience state conditions receipt important benefit upon conduct proscribed religious faith denies benefit conduct mandated religious belief thereby putting substantial pressure adherent modify behavior violate beliefs burden upon religion exists compulsion may indirect infringement upon free exercise nonetheless substantial pp state may justify inroad religious liberty showing least restrictive means achieving compelling state interest however inquiry properly narrowed focus threat state interests neither purposes urged sustain disqualifying provision indiana statute avoid widespread unemployment consequent burden fund resulting people permitted leave jobs personal reasons avoid detailed probing employers job applicants religious beliefs sufficiently compelling justify burden upon petitioner religious liberty pp payment benefits petitioner involve state fostering religious faith violation establishment clause extension benefits reflects governmental obligation neutrality represent involvement religious secular institutions object establishment clause forestall pp burger delivered opinion brennan stewart white marshall powell stevens joined parts ii iii blackmun joined blackmun filed statement concurring part concurring result post rehnquist filed dissenting opinion post blanca bianchi de la torre argued cause petitioner briefs seymour moskowitz michael martin mulder william daily argued cause respondents brief theodore sendak attorney general indiana janis summers cindy ellis deputy attorneys general briefs amici curiae urging reversal filed judith levin american civil liberties union nathan dershowitz american jewish congress leo pfeffer jewish peace fellowship et al lee boothby filed brief americans separation church state fund amicus curiae chief justice burger delivered opinion granted certiorari consider whether state denial unemployment compensation benefits petitioner jehovah witness terminated job religious beliefs forbade participation production armaments constituted violation first amendment right free exercise religion thomas terminated employment foundry machinery transferred roll foundry department produced turrets military tanks claimed religious beliefs prevented participating production war materials respondent review board denied unemployment compensation benefits applying disqualifying provisions indiana employment security act thomas jehovah witness hired initially work roll foundry function department fabricate sheet steel variety industrial uses application form listed membership jehovah witnesses noted hobbies bible study bible reading however placed conditions employment describe religious tenets detail form approximately year later roll foundry closed transferred thomas department fabricated turrets military tanks first day new job thomas realized work weapons related checked bulletin board openings listed discovered remaining departments engaged directly production weapons since transfer another department resolve problem asked layoff request denied quit asserting work weapons without violating principles religion record show offered work employer work available upon leaving thomas applied unemployment compensation benefits indiana employment security act administrative hearing represented counsel testified believed contributing production arms violated religion said realized work tank turret line involved producing weapons war consulted another employee friend fellow jehovah witness friend advised working weapons parts unscriptural thomas able rest view however concluded friend view based upon less strict reading witnesses principles asked hearing explain kind work religious convictions permit thomas said difficulty type work done roll foundry testified good conscience engage indirectly production materials might used ultimately fabricate arms example employee raw material supplier roll foundry hearing referee found thomas religious beliefs specifically precluded producing directly aiding manufacture items used warfare also found thomas terminated employment religious convictions referee reported claimant continually searched transfer another department armament related however materialize prior date leaving claimant requested layoff denied november claimant quit due religious convictions indiana appeals accepting finding thomas terminated employment due religious convictions reversed decision review board held applied improperly burdened thomas right free exercise religion accordingly ordered board extend benefits thomas ind app indiana dividing vacated decision appeals denied thomas benefits ind reference indiana unemployment compensation statute said intended facilitate changing employment provide relief quit work voluntarily personal reasons voluntary unemployment compensable purpose act provide benefits persons unemployed fault good cause justifies voluntary termination must objective character footnotes omitted discussing petitioner free exercise claim stated personal philosophical choice rather religious choice rise level first amendment claim found basis precise nature thomas belief unclear concluded belief personal philosophical choice religious belief nonetheless held even assuming thomas quit religious reasons entitled benefits indiana law termination motivated religion good cause objectively related work indiana concluded denying thomas benefits create indirect burden free exercise right burden justified legitimate state interest preserving integrity insurance fund maintaining stable work force encouraging workers leave jobs personal reasons finally held awarding unemployment compensation benefits person terminates employment voluntarily religious reasons denying benefits persons terminate personal nonreligious reasons violate establishment clause first amendment judgment review must examined light prior decisions particularly sherbert verner ii beliefs rooted religion protected free exercise clause terms gives special protection exercise religion sherbert verner supra wisconsin yoder determination religious belief practice often difficult delicate task division indiana attests however resolution question turn upon judicial perception particular belief practice question religious beliefs need acceptable logical consistent comprehensible others order merit first amendment protection support claim benefits thomas testified comes actually producing tank hammering right right daily faced knowledge tanks really know conscientiously continue work armaments religious principles come learn indiana apparently took different view record concluded although claimant reasons quitting described religious unclear belief religious basis belief view thomas made merely personal philosophical choice rather religious choice reaching conclusion indiana seems placed considerable reliance facts thomas struggling beliefs able articulate belief precisely noted example thomas admitted referee object working steel inland steel produc ing raw product necessary production kind tank direct party whoever shipped chargeable conscience indiana also appears given significant weight fact another jehovah witness scruples working tank turrets witness least work scripturally acceptable intrafaith differences kind uncommon among followers particular creed judicial process singularly ill equipped resolve differences relation religion clauses one course imagine asserted claim bizarre clearly nonreligious motivation entitled protection free exercise clause case guarantee free exercise limited beliefs shared members religious sect particularly sensitive area within judicial function judicial competence inquire whether petitioner fellow worker correctly perceived commands common faith courts arbiters scriptural interpretation narrow function reviewing context determine whether appropriate finding petitioner terminated work honest conviction work forbidden religion surprisingly record referee review board made eye microscopic examination often exercised appellate judicial review however judicial review confined facts found conclusions drawn record clear thomas terminated employment religious reasons iii years ago held person may compelled choose exercise first amendment right participation otherwise available public program state may exclude individual catholics lutherans mohammedans baptists jews methodists presbyterians members faith faith lack receiving benefits public welfare legislation everson board education emphasis deleted ruling disqualifying sherbert benefits refusal work saturday violation faith 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 saturday worship similar argument made rejected sherbert however true sherbert indiana law compel violation conscience beginning end inquiry variety ways said regulation neutral face may application nonetheless offend constitutional requirement governmental neutrality unduly burdens free exercise religion wisconsin yoder cf walz tax sherbert employee put choice fidelity religious belief cessation work coercive impact thomas indistinguishable sherbert held ot apparent appellant declared ineligibility benefits derives solely practice religion pressure upon forego practice unmistakable respondents also contend sherbert inapposite case employee dismissed employer action see sherbert dismissed refused work saturdays plant went workweek thomas simply presented plant turret line refused perform assigned work must assumed like sherbert terminated employer action work available cases termination flowed fact employment acceptable became religiously objectionable changed conditions mere fact petitioner religious practice burdened governmental program mean exemption accommodating practice must granted state may justify inroad religious liberty showing least restrictive means achieving compelling state interest however still true essence said written subject interests highest order overbalance legitimate claims free exercise religion wisconsin yoder supra purposes urged sustain disqualifying provision indiana unemployment compensation scheme avoid widespread unemployment consequent burden fund resulting people permitted leave jobs personal reasons avoid detailed probing employers job applicants religious beliefs means unimportant considerations focus inquiry properly narrowed however must conclude interests advanced state justify burden placed free exercise religion evidence record indicate number people find predicament choosing benefits religious beliefs large enough create widespread unemployment even seriously affect unemployment claim advanced review board similarly although detailed inquiry employers applicants religious beliefs undesirable evidence record indicate inquiries occur indiana occurred extend benefits people petitioner position reason believe number people terminating employment religious reasons great motivate employers make inquiries neither interests advanced sufficiently compelling justify burden upon thomas religious liberty accordingly thomas entitled receive benefits unless respondents contend indiana held payment violate establishment clause iv respondents contend compel benefit payments thomas involves state fostering religious faith sense benefit thomas deriving religious beliefs manifests tension two religious clauses resolved sherbert 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 sherbert verner unless prepared overrule sherbert supra thomas denied benefits due basis findings referee review board indiana appeals terminated employment religious convictions reversed footnotes respect benefit periods including extended benefit periods established subsequent july july individual voluntarily left employment without good cause connection work discharged employment cause shall ineligible waiting period benefit rights week disqualifying separation occurred subsequently earned remuneration employment equal exceeding weekly benefit amount claim ten weeks weeks disqualification period remaining expiration individual benefit period carried forward extended benefit period benefit period subsequent claim first week extended benefit period subsequent benefit period falls within ten consecutive weeks beginning disqualification period imposed prior claim ind code et seq supp reasonable assume sheet steel processed roll foundry may found way tanks weapons record however contains evidence finding point referee indicated app pet cert evidence reveals approximate sic two three weeks prior claimant date leaving roll foundry closed permanently claimant transferred terret sic line time real sic realized functions company engaged producing arms armament industry claimant religious beliefs specifically exempts sic claimants producing aiding manufacture items used advancement war emphasis added petitioner review board like referee found thomas left job religious reasons evidence record indicates claimant left employment voluntarily religious beliefs allow continue work producing arms see torcaso watkins ballard see text supra see supra similar interest integrity insurance fund advanced rejected sherbert verner justice rehnquist dissenting today holds state indiana constitutionally required provide direct financial assistance person solely basis religious beliefs believe decision today adds mud already muddied waters first amendment jurisprudence dissent correctly acknowledges tension free exercise establishment clauses first amendment constitution although relationship two clauses subject much commentary tension fairly recent vintage unknown time framing adoption first amendment causes tension seems threefold first growth social welfare legislation latter part century greatly magnified potential conflict two clauses since legislation touches individual many points life second decision first amendment incorporated fourteenth amendment thereby made applicable stromberg california cantwell connecticut similarly multiplied number instances tension might arise third perhaps important cause tension overly expansive interpretation clauses broadly construing clauses constantly narrowed channel scylla charybdis state federal action must pass order survive constitutional scrutiny none developments foreseen framed adopted first amendment first amendment adopted well growth much social welfare legislation time federal government real sense considered government limited delegated powers indeed principal argument adopting constitution without bill rights enactment undesirable unnecessary limited nature federal government long government enacts little social welfare legislation case occasions two clauses may conflict moreover originally enacted first amendment applied federal government government barron baltimore pet framers hardly anticipate barron superseded selective incorporation doctrine adopted decision greatly expanded number statutes subject challenge first amendment drafted adopted first amendment foreseen either growth social welfare legislation incorporation first amendment fourteenth amendment simply know view scope two clauses ii decision today illustrates far astray gone interpreting free exercise establishment clauses first amendment although holds state constitutionally required provide direct financial assistance persons solely basis religious beliefs recognizes tension two clauses little help resolve tension offer meaningful guidance courts must decide cases like basis instead simply asserts establishment clause violation leaves tension two religion clauses resolved basis suggested however believe tension largely making diminish almost vanishing point clauses properly interpreted sherbert verner today reads free exercise clause broadly warranted proper interpretation free exercise clause accept decision braunfeld brown dissent sherbert braunfeld held sunday closing laws violate first amendment rights sabbatarians chief justice warren explained statute make unlawful religious practices appellants simply made practice religious beliefs expensive concluded strike without critical scrutiny legislation imposes indirect burden exercise religion legislation make unlawful religious practice radically restrict operating latitude legislature likewise case said state discriminated thomas basis religious beliefs denied benefits jehovah witness state enacted general statute purpose effect advance state secular goals free exercise clause view require state conform statute dictates religious conscience group justice harlan recognized dissent sherbert verner supra situations constitution may require special treatment account religion far like believe although state choose grant exemptions religious persons state unemployment regulations state constitutionally compelled treatment establishment clause issue equally unsatisfying although today decision requires state provide direct financial assistance persons solely basis religious beliefs nonetheless blandly assures us sherbert decision plainly foster establishment religion ante agree establishment clause properly interpreted violated indiana voluntarily chose grant unemployment benefits persons left jobs religious reasons also believe decision inconsistent many prior establishment clause cases cases faithfully applied require us hold voluntary action state violate establishment clause justice stewart noted point concurring opinion sherbert observed decisions like sherbert one rendered today squarely conflict extreme language many prior establishment clause cases everson board education stated establishment clause bespeaks government stripped power support otherwise assist religions state pass laws aid one religion religions torcaso watkins asserted government constitutionally pass laws impose requirements aid religions abington school district schempp adopted justice rutledge words everson establishment clause forbids every form public aid support religion see also engel vitale recent years moved away mechanistic approach establishment clause stated test determine constitutionality governmental aid religion see lemon kurtzman committee public education nyquist first statute must serve secular legislative purpose second must primary effect neither advances inhibits religion third state administration must avoid excessive entanglement religion walz tax surprising today makes attempt apply principles facts case indiana legislate today requires unemployment compensation law permitted benefits granted persons quit jobs religious reasons statute plainly violate establishment clause interpreted cases lemon nyquist first although unemployment statute whole enacted serve secular legislative purpose proviso clearly serve religious purpose grant financial benefits sole purpose accommodating religious beliefs second little doubt primary effect proviso advance religion facilitating exercise religious belief third statute including proviso surely entangle state religion far mere grant tax exemptions walz award tuition grants tax credits nyquist granting financial benefits persons solely basis religious beliefs state must necessarily inquire whether claimant belief religious whether sincerely held otherwise dissatisfied employee may leave job without cause claim particular beliefs required unclear opinion whether temporarily retreated expansive view establishment clause wholly abandoned welcome latter think justice harlan sherbert correctly stated proper approach free exercise questions believe justice stewart dissenting abington school district schempp supra accurately stated reach establishment clause explained establishment clause limited government support proselytizing activities religious sects throwing weight secular authorit ies behind dissemination religious tenets see mccollum board education reed dissenting impermissible aid purposeful assistance directly church religious group performing ecclesiastical functions conversely governmental assistance effect inducing religious belief instead merely accommodates implements independent religious choice impermissibly involve government religious choices therefore violate establishment clause first amendment think case sherbert state voluntarily chosen pay unemployment compensation benefits persons left jobs religious reasons aid constitutionally permissible redounds directly benefit individual accord wolman walter upholding various disbursements made pupils parochial schools sum difficulty today decision reads free exercise clause broadly fails squarely acknowledge reading conflicts many establishment clause cases decision simply exacerbates tension two clauses construe free exercise clause braunfeld establishment clause justice stewart schempp circumstances conflict two clauses far although heartily agree tacit abandonment much rhetoric establishment clause regret see way clear restore surely intended greater degree flexibility federal state governments legislating consistently free exercise clause accordingly affirm judgment indiana even agree sherbert correctly decided still dissent grounds today decision unjustifiably extends sherbert indiana employment security act ind code supp provides individual voluntarily left employment without good cause connection employment disqualified receiving benefits case indiana found basis precise nature thomas belief unclear concluded belief personal philosophical choice religious belief ante failure make clear whether accepts rejects finding indiana highest state suggests person leaves job purely personal philosophical choices constitutionally entitled unemployment benefits true implications today decision enormous persons able quit jobs assert personal reasons collect unemployment insurance surely expect state limited funds allotted unemployment insurance quickly depleted addition opinion sherbert seems suggest negative implication state makes every personal reason leaving job basis disqualification unemployment benefits state need grant exemption persons sherbert quit personal reasons case indiana construed state unemployment statute make every personal subjective reason leaving job basis disqualification geckler review bd indiana employment security ind case thus distinguishable sherbert thomas left job personal reason state indiana prohibited disqualifying receiving benefits extent sherbert correctly decided might argued cases mccollum board education engel vitale abington school district schempp lemon kurtzman committee public education nyquist wrongly decided aid rendered religion latter cases may significantly different kind degree aid afforded sherbert thomas example state sherbert deny compensation one refusing work religious reasons might argued state may deny reimbursement students choose religious reasons attend parochial schools argument although state need allocate funds education done may require person sacrifice religious beliefs order obtain equal education see lemon supra opinion white nyquist supra opinion burger little doubt extent secular education provides answers important moral questions without reference religion teaches answers person one sense sacrifices religious belief attending secular schools even aid constitutionally compelled free exercise clause justice harlan may well right sherbert found sufficient flexibility establishment clause permit voluntarily choose grant benefits individuals