employment
dept
human
res
smith
argued
november
decided
april
respondents
smith
black
fired
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rehabilitation
organization
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peyote
hallucinogenic
drug
sacramental
purposes
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native
american
church
applications
unemployment
compensation
denied
state
oregon
state
law
disqualifying
employees
discharged
misconduct
holding
denials
violated
respondents
first
amendment
free
exercise
rights
state
appeals
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affirmed
vacated
judgment
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whether
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law
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thus
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scalia
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blackmun
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marshall
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dave
frohnmayer
attorney
general
oregon
argued
cause
petitioners
briefs
james
mountain
deputy
attorney
general
virginia
linder
solicitor
general
michael
reynolds
assistant
solicitor
general
craig
dorsay
argued
cause
filed
briefs
respondents
briefs
amici
curiae
urging
affirmance
filed
american
civil
liberties
union
et
al
steven
shapiro
john
powell
american
jewish
congress
amy
adelson
lois
waldman
marc
stern
association
american
indian
affairs
et
al
steven
moore
jack
trope
council
religious
freedom
lee
boothby
robert
nixon
justice
scalia
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us
decide
whether
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oregon
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reach
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lophophora
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black
hereinafter
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indiana
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smith
smith
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oregon
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whether
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matter
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parties
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smith
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cases
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oregon
prohibit
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exercise
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cantwell
connecticut
provides
congress
shall
make
law
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religion
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exercise
thereof
amdt
emphasis
added
free
exercise
religion
means
first
foremost
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profess
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doctrine
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first
amendment
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government
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watkins
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mcdaniel
paty
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rhode
island
cf
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valente
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power
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controversies
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presbyterian
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mary
elizabeth
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memorial
presbyterian
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kedroff
nicholas
cathedral
serbian
eastern
orthodox
diocese
milivojevich
exercise
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casting
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minnesota
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frankfurter
minersville
school
dist
bd
ed
gobitis
conscientious
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lee
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minersville
school
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gobitis
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collecting
cases
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massachusetts
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mother
prosecuted
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literature
streets
religious
motivation
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children
children
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brown
plurality
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upheld
laws
claim
burdened
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persons
whose
religions
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refrain
work
days
gillette
sustained
military
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service
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urge
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governmental
regulation
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contention
oregon
drug
law
represents
attempt
regulate
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beliefs
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beliefs
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children
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cases
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support
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respondents
argue
even
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laws
need
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actors
least
claim
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indiana
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native
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goldman
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roy
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supra
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lee
stevens
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child
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massachusetts
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laws
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scrutiny
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religion
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lee
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indiana
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roy
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ed
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thomas
state
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lee
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roy
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roy
supra
lyng
northwest
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amendment
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exercise
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religious
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cases
cited
proposition
rejected
application
sherbert
test
outside
unemployment
compensation
field
ante
distinguishable
arose
narrow
specialized
contexts
traditionally
required
government
justify
burden
religious
conduct
articulating
compelling
interest
see
goldman
weinberger
review
military
regulations
challenged
first
amendment
grounds
far
deferential
constitutional
review
similar
laws
regulations
designed
civilian
society
estate
shabazz
rison
regulations
alleged
infringe
constitutional
rights
judged
reasonableness
test
less
restrictive
ordinarily
applied
alleged
infringements
fundamental
constitutional
rights
citation
omitted
apply
compelling
interest
test
cases
says
nothing
whether
test
continue
apply
paradigm
free
exercise
cases
one
presented
today
gives
convincing
reason
depart
settled
first
amendment
jurisprudence
nothing
talismanic
neutral
laws
general
applicability
general
criminal
prohibitions
laws
neutral
toward
religion
coerce
person
violate
religious
conscience
intrude
upon
religious
duties
effectively
laws
aimed
religion
although
suggests
compelling
interest
test
applied
generally
applicable
laws
result
constitutional
anomaly
ante
first
amendment
unequivocally
makes
freedom
religion
like
freedom
race
discrimination
freedom
speech
constitutional
anomaly
ibid
application
established
free
exercise
doctrine
case
necessarily
incompatible
equal
protection
cases
cf
rogers
lodge
law
bears
heavily
one
race
another
may
violate
equal
protection
citation
omitted
castaneda
partida
grand
jury
selection
event
recognized
free
exercise
clause
protects
values
distinct
protected
equal
protection
clause
see
hobbie
language
clause
makes
clear
individual
free
exercise
religion
preferred
constitutional
activity
see
mcconnell
accommodation
religion
rev
text
first
amendment
singles
religion
special
protections
kauper
religion
constitution
law
makes
criminal
activity
therefore
triggers
constitutional
concern
heightened
judicial
scrutiny
even
target
particular
religious
conduct
issue
free
speech
cases
similarly
recognize
neutral
regulations
affect
free
speech
values
subject
balancing
rather
categorical
approach
see
renton
playtime
theatres
cf
anderson
celebrezze
generally
applicable
laws
may
impinge
free
association
concerns
parade
horribles
ante
fails
reason
discarding
compelling
interest
test
instead
demonstrates
opposite
courts
quite
capable
applying
free
exercise
jurisprudence
strike
sensible
balances
religious
liberty
competing
state
interests
finally
today
suggests
disfavoring
minority
religions
unavoidable
consequence
system
government
accommodation
religions
must
left
political
process
ante
view
however
first
amendment
enacted
precisely
protect
rights
whose
religious
practices
shared
majority
may
viewed
hostility
history
free
exercise
doctrine
amply
demonstrates
harsh
impact
majoritarian
rule
unpopular
emerging
religious
groups
jehovah
witnesses
amish
indeed
words
justice
jackson
west
virginia
state
bd
ed
barnette
overruling
minersville
school
dist
gobitis
apt
purpose
bill
rights
withdraw
certain
subjects
vicissitudes
political
controversy
place
beyond
reach
majorities
officials
establish
legal
principles
applied
courts
one
right
life
liberty
property
free
speech
free
press
freedom
worship
assembly
fundamental
rights
may
submitted
vote
depend
outcome
elections
iii
holding
today
misreads
settled
first
amendment
precedent
appears
unnecessary
case
reach
result
applying
established
free
exercise
jurisprudence
dispute
oregon
criminal
prohibition
peyote
places
severe
burden
ability
respondents
freely
exercise
religion
peyote
sacrament
native
american
church
regarded
vital
respondents
ability
practice
religion
see
stewart
peyote
religion
history
describing
modern
status
peyotism
anderson
peyote
divine
cactus
describing
peyote
ceremonies
teachings
american
earth
indian
religion
philosophy
tedlock
tedlock
eds
see
also
people
woody
cal
noted
smith
oregon
concluded
native
american
church
recognized
religion
peyote
sacrament
church
respondent
beliefs
sincerely
held
oregon
law
construed
state
highest
members
native
american
church
must
choose
carrying
ritual
embodying
religious
beliefs
avoidance
criminal
prosecution
choice
view
sufficient
trigger
first
amendment
scrutiny
also
dispute
oregon
significant
interest
enforcing
laws
control
possession
use
controlled
substances
citizens
see
sherbert
religiously
motivated
conduct
may
regulated
conduct
pose
substantial
threat
public
safety
peace
order
yoder
ctivities
individuals
even
religiously
based
often
subject
regulation
exercise
undoubted
power
promote
health
safety
general
welfare
recently
noted
drug
abuse
one
greatest
problems
affecting
health
welfare
population
thus
one
serious
problems
confronting
society
today
treasury
employees
von
raab
indeed
federal
law
incorporated
oregon
law
relevant
part
see
rev
stat
peyote
specifically
regulated
schedule
controlled
substance
means
congress
found
high
potential
abuse
currently
accepted
medical
use
lack
accepted
safety
use
drug
medical
supervision
see
see
generally
julien
primer
drug
action
ed
light
recent
decisions
holding
governmental
interests
collection
income
tax
hernandez
comprehensive
social
security
system
see
lee
military
conscription
see
gillette
compelling
respondents
seriously
dispute
oregon
compelling
interest
prohibiting
possession
peyote
citizens
thus
critical
question
case
whether
exempting
respondents
state
general
criminal
prohibition
unduly
interfere
fulfillment
governmental
interest
lee
supra
see
also
roy
government
must
accommodate
legitimate
free
exercise
claim
unless
pursuing
especially
important
interest
narrowly
tailored
means
yoder
supra
braunfeld
although
question
close
conclude
uniform
application
oregon
criminal
prohibition
essential
accomplish
lee
supra
overriding
interest
preventing
physical
harm
caused
use
schedule
controlled
substance
oregon
criminal
prohibition
represents
state
judgment
possession
use
controlled
substances
even
one
person
inherently
harmful
dangerous
health
effects
caused
use
controlled
substances
exist
regardless
motivation
user
use
substances
even
religious
purposes
violates
purpose
laws
prohibit
cf
state
massey
denying
religious
exemption
municipal
ordinance
prohibiting
handling
poisonous
reptiles
appeal
dism
sub
nom
bunn
north
carolina
moreover
view
societal
interest
preventing
trafficking
controlled
substances
uniform
application
criminal
prohibition
issue
essential
effectiveness
oregon
stated
interest
preventing
possession
peyote
cf
jacobson
massachusetts
denying
exemption
small
pox
vaccination
requirement
reasons
believe
granting
selective
exemption
case
seriously
impair
oregon
compelling
interest
prohibiting
possession
peyote
citizens
circumstances
free
exercise
clause
require
state
accommodate
respondents
religiously
motivated
conduct
see
thomas
unlike
yoder
noted
record
strongly
indicates
accommodating
religious
objections
amish
forgoing
one
two
additional
years
compulsory
education
impair
physical
mental
health
child
result
inability
discharge
duties
responsibilities
citizenship
way
materially
detract
welfare
society
see
also
white
concurring
religious
exemption
case
incompatible
state
interest
controlling
use
possession
illegal
drugs
respondents
contend
incompatibility
belied
fact
federal
government
several
provide
exemptions
religious
use
peyote
see
cfr
citing
state
statutes
expressly
exempt
sacramental
peyote
use
criminal
proscription
governments
may
surely
choose
grant
exemption
without
oregon
specific
asserted
interest
uniform
application
drug
laws
required
first
amendment
respondents
also
note
sacramental
use
peyote
central
tenets
native
american
church
agree
ante
within
judicial
ken
question
centrality
particular
beliefs
practices
faith
quoting
hernandez
supra
determination
constitutionality
oregon
general
criminal
prohibition
turn
centrality
particular
religious
practice
issue
mean
course
courts
may
make
factual
findings
whether
claimant
holds
sincerely
held
religious
belief
conflicts
thus
burdened
challenged
law
distinction
questions
centrality
questions
sincerity
burden
admittedly
fine
one
established
part
free
exercise
doctrine
see
ballard
one
courts
capable
making
see
tony
susan
alamo
foundation
secretary
labor
therefore
adhere
established
free
exercise
jurisprudence
hold
state
case
compelling
interest
regulating
peyote
use
citizens
accommodating
respondents
religiously
motivated
conduct
unduly
interfere
fulfillment
governmental
interest
lee
supra
accordingly
concur
judgment
although
justice
brennan
justice
marshall
justice
blackmun
join
parts
ii
opinion
concur
judgment
justice
blackmun
justice
brennan
justice
marshall
join
dissenting
years
painstakingly
developed
consistent
exacting
standard
test
constitutionality
state
statute
burdens
free
exercise
religion
statute
may
stand
law
general
state
refusal
allow
religious
exemption
particular
justified
compelling
interest
served
less
restrictive
means
today
thought
settled
inviolate
principle
first
amendment
jurisprudence
majority
however
perfunctorily
dismisses
constitutional
anomaly
ante
carefully
detailed
justice
concurring
opinion
ante
majority
able
arrive
view
mischaracterizing
precedents
discards
leading
free
exercise
cases
cantwell
connecticut
wisconsin
yoder
hybrid
ante
views
traditional
free
exercise
analysis
somehow
inapplicable
criminal
prohibitions
opposed
conditions
receipt
benefits
state
laws
general
applicability
opposed
presumably
laws
expressly
single
religious
practices
ante
cites
cases
due
various
exceptional
circumstances
found
strict
scrutiny
inapposite
hint
repudiated
standard
altogether
ante
short
effectuates
wholesale
overturning
settled
law
concerning
religion
clauses
constitution
one
hopes
aware
consequences
result
product
overreaction
serious
problems
country
drug
crisis
generated
distorted
view
precedents
leads
majority
conclude
strict
scrutiny
state
law
burdening
free
exercise
religion
luxury
society
afford
ante
repression
minority
religions
unavoidable
consequence
democratic
government
ante
believe
founders
thought
dearly
bought
freedom
religious
persecution
luxury
essential
element
liberty
thought
religious
intolerance
unavoidable
drafted
religion
clauses
precisely
order
avoid
intolerance
reasons
agree
justice
analysis
applicable
free
exercise
doctrine
join
parts
ii
opinion
points
critical
question
case
whether
exempting
respondents
state
general
criminal
prohibition
unduly
interfere
fulfillment
governmental
interest
ante
quoting
lee
disagree
however
specific
answer
question
weighing
clear
interest
respondents
smith
black
hereinafter
respondents
free
exercise
religion
oregon
asserted
interest
enforcing
drug
laws
important
articulate
precise
terms
state
interest
involved
state
broad
interest
fighting
critical
war
drugs
must
weighed
respondents
claim
state
narrow
interest
refusing
make
exception
religious
ceremonial
use
peyote
see
bowen
roy
concurring
part
dissenting
part
consistently
asked
government
demonstrate
unbending
application
regulation
religious
objector
essential
accomplish
overriding
governmental
interest
quoting
lee
thomas
review
bd
indiana
employment
security
focus
inquiry
concerning
state
asserted
interest
must
properly
narrowed
yoder
fundamental
claims
religious
freedom
stake
accept
state
sweeping
claim
interest
compulsory
education
compelling
despite
validity
interest
generality
cases
must
searchingly
examine
interests
state
seeks
promote
impediment
objectives
flow
recognizing
claimed
amish
exemption
failure
reduce
competing
interests
plane
generality
tends
distort
weighing
process
state
favor
see
clark
guidelines
free
exercise
clause
harv
rev
purpose
almost
law
traced
back
one
another
fundamental
concerns
government
public
health
safety
public
peace
order
defense
revenue
measure
individual
interest
directly
one
rarified
values
inevitably
makes
individual
interest
appear
less
significant
pound
survey
social
interests
harv
rev
comes
weighing
valuing
claims
demands
respect
claims
demands
must
careful
compare
plane
else
may
decide
question
advance
way
putting
state
interest
enforcing
prohibition
order
sufficiently
compelling
outweigh
free
exercise
claim
merely
abstract
symbolic
state
plausibly
assert
unbending
application
criminal
prohibition
essential
fulfill
compelling
interest
fact
attempt
enforce
prohibition
case
state
actually
evinced
concrete
interest
enforcing
drug
laws
religious
users
peyote
oregon
never
sought
prosecute
respondents
claim
made
significant
enforcement
efforts
religious
users
peyote
state
asserted
interest
thus
amounts
symbolic
preservation
unenforced
prohibition
government
interest
symbolism
even
symbolism
worthy
cause
abolition
unlawful
drugs
treasury
employees
von
raab
scalia
dissenting
suffice
abrogate
constitutional
rights
individuals
similarly
prior
decisions
allowed
government
rely
mere
speculation
potential
harms
demanded
evidentiary
support
refusal
allow
religious
exception
see
thomas
rejecting
state
reasons
refusing
religious
exemption
lack
evidence
record
yoder
rejecting
state
argument
concerning
dangers
religious
exemption
speculative
unsupported
record
sherbert
verner
proof
whatever
warrant
fears
state
advance
case
state
justification
refusing
recognize
exception
criminal
laws
religious
peyote
use
entirely
speculative
state
proclaims
interest
protecting
health
safety
citizens
dangers
unlawful
drugs
offers
however
evidence
religious
use
peyote
ever
harmed
anyone
factual
findings
courts
cast
doubt
state
assumption
religious
use
peyote
harmful
see
state
whittingham
app
state
failed
prove
quantities
peyote
used
sacraments
native
american
church
sufficiently
harmful
health
welfare
participants
permit
legitimate
intrusion
state
police
power
people
woody
cal
attorney
general
admits
opinion
scientists
experts
peyote
works
permanent
deleterious
injury
indian
fact
peyote
classified
schedule
controlled
substance
show
uses
peyote
circumstance
inherently
harmful
dangerous
federal
government
created
classifications
unlawful
drugs
oregon
drug
laws
derived
apparently
find
peyote
dangerous
preclude
exemption
religious
use
moreover
schedule
drugs
lawful
uses
see
olsen
drug
enforcement
app
medical
research
uses
marijuana
carefully
circumscribed
ritual
context
respondents
used
peyote
far
removed
irresponsible
unrestricted
recreational
use
unlawful
drugs
native
american
church
internal
restrictions
supervision
members
use
peyote
substantially
obviate
state
health
safety
concerns
see
administrator
drug
enforcement
administration
dea
finds
native
american
church
use
peyote
isolated
specific
ceremonial
occasions
accommodation
made
religious
organization
uses
peyote
circumscribed
ceremonies
quoting
dea
final
order
members
native
american
church
use
peyote
outside
ritual
sacrilegious
woody
cal
use
peyote
nonreligious
purposes
sacrilegious
julien
primer
drug
action
ed
eyote
seldom
abused
members
native
american
church
slotkin
peyote
way
teachings
american
earth
tedlock
tedlock
eds
native
american
church
refuses
permit
presence
curiosity
seekers
rites
vigorously
opposes
sale
use
peyote
purposes
bergman
navajo
peyote
use
apparent
safety
psychiatry
bergman
moreover
yoder
values
interests
seeking
religious
exemption
case
congruent
great
degree
state
seeks
promote
drug
laws
see
yoder
since
amish
accept
formal
schooling
grade
provide
ideal
vocational
education
state
interest
enforcing
law
amish
less
substantial
children
generally
white
concurring
church
doctrine
forbid
nonreligious
use
peyote
also
generally
advocates
familial
responsibility
abstinence
alcohol
see
brief
association
american
indian
affairs
et
al
amici
curiae
church
ethical
code
four
parts
brotherly
love
care
family
avoidance
alcohol
quoting
church
membership
card
olsen
app
native
american
church
purposes
special
stylized
ceremony
reinforced
state
prohibition
woody
cal
ost
anthropological
authorities
hold
peyotism
positive
rather
negative
force
lives
adherents
church
forbids
use
alcohol
considerable
evidence
spiritual
social
support
provided
church
effective
combating
tragic
effects
alcoholism
native
american
population
two
noted
experts
peyotism
omer
stewart
robert
bergman
testified
affidavit
effect
behalf
respondent
smith
employment
appeal
board
smith
exh
see
also
anderson
peyote
divine
cactus
research
bergman
suggests
religious
use
peyote
seemed
directed
direction
emphasis
interpersonal
relationships
individual
assured
significance
well
support
group
many
people
come
difficult
crises
help
religion
provides
real
help
seeing
people
whose
place
way
world
gone
people
whose
way
strong
enough
change
meet
new
challenges
quoting
bergman
pascarosa
futterman
ethnopsychedelic
therapy
alcoholics
observations
peyote
ritual
native
american
church
psychedelic
drugs
religious
peyote
use
helpful
overcoming
alcoholism
albaugh
anderson
peyote
treatment
alcoholism
among
american
indians
psychiatry
philosophy
teachings
format
native
american
church
great
benefit
indian
alcoholic
see
generally
stewart
peyote
religion
et
seq
noting
frequent
observations
across
many
tribes
periods
history
correlation
peyotist
religion
abstinence
alcohol
far
promoting
lawless
irresponsible
use
drugs
native
american
church
members
spiritual
code
exemplifies
values
oregon
drug
laws
presumably
intended
foster
state
also
seeks
support
refusal
make
exception
religious
use
peyote
invoking
interest
abolishing
drug
trafficking
however
practically
illegal
traffic
peyote
see
olsen
app
quoting
dea
final
order
effect
total
amount
peyote
seized
analyzed
federal
authorities
pounds
contrast
total
amount
marijuana
seized
period
million
pounds
also
availability
peyote
religious
use
even
oregon
allow
exemption
criminal
laws
still
strictly
controlled
federal
regulations
see
registration
requirements
distribution
controlled
substances
cfr
distribution
peyote
native
american
church
subject
registration
requirements
state
texas
state
peyote
grows
significant
quantities
see
texas
health
safety
code
ann
pamphlet
texas
admin
code
tit
pt
ch
controlled
substances
regulations
woody
cal
peyote
found
rio
grande
valley
texas
northern
mexico
peyote
simply
popular
drug
distribution
use
religious
rituals
nothing
vast
violent
traffic
illegal
narcotics
plagues
country
finally
state
argues
granting
exception
religious
peyote
use
erode
interest
uniform
fair
certain
enforcement
drug
laws
state
fears
grants
exemption
religious
peyote
use
flood
claims
religious
exemptions
follow
placed
dilemma
says
allowing
patchwork
exemptions
hinder
law
enforcement
efforts
risking
violation
establishment
clause
arbitrarily
limiting
religious
exemptions
argument
however
made
almost
free
exercise
case
see
lupu
rights
begin
problem
burdens
free
exercise
religion
harv
rev
behind
every
free
exercise
claim
spectral
march
grant
one
voice
whispers
judge
confronted
endless
chain
exemption
demands
religious
deviants
every
stripe
however
consistently
rejected
similar
arguments
past
free
exercise
cases
well
see
frazee
illinois
dept
employment
security
rejecting
state
speculation
concerning
cumulative
effect
many
similar
claims
thomas
sherbert
state
apprehension
flood
religious
claims
purely
speculative
almost
half
federal
government
maintained
exemption
religious
peyote
use
many
years
apparently
found
overwhelmed
claims
religious
exemptions
allowing
exemption
religious
peyote
use
necessarily
oblige
state
grant
similar
exemption
religious
groups
unusual
circumstances
make
religious
use
peyote
compatible
state
interests
health
safety
preventing
drug
trafficking
apply
religious
claims
religions
example
might
restrict
drug
use
limited
ceremonial
context
native
american
church
see
olsen
app
ethiopian
zion
coptic
church
teaches
marijuana
properly
smoked
continually
day
religious
claims
see
supra
involve
drugs
marijuana
heroin
significant
illegal
traffic
attendant
greed
violence
difficult
grant
religious
exemption
without
seriously
compromising
law
enforcement
efforts
state
might
grant
exemption
religious
peyote
use
deny
religious
claims
arising
different
circumstances
violate
establishment
clause
though
state
must
treat
religions
equally
favor
one
another
obligation
fulfilled
uniform
application
compelling
interest
test
free
exercise
claims
reaching
uniform
results
claims
showing
religious
peyote
use
unduly
interfere
state
interests
one
probably
religious
groups
sects
make
yoder
mean
exemption
limited
peyote
use
tantamount
establishment
religion
see
hobbie
unemployment
appeals
government
may
sometimes
must
accommodate
religious
practices
may
without
violating
establishment
clause
yoder
must
ignore
danger
exception
general
law
may
run
afoul
establishment
clause
danger
allowed
prevent
exception
matter
vital
may
protection
values
promoted
right
free
exercise
ii
finally
although
agree
justice
courts
refrain
delving
questions
whether
matter
religious
doctrine
particular
practice
central
religion
ante
think
means
courts
must
turn
blind
eye
severe
impact
state
restrictions
adherents
minority
religion
cf
yoder
since
education
inseparable
part
basic
tenets
religion
baptism
confessional
sabbath
may
others
enforcement
state
compulsory
education
law
gravely
endanger
destroy
free
exercise
respondents
religious
beliefs
respondents
believe
sincerity
never
issue
peyote
plant
embodies
deity
eating
act
worship
communion
without
peyote
enact
essential
ritual
religion
see
brief
association
american
indian
affairs
et
al
amici
curiae
members
peyote
consecrated
powers
heal
body
mind
spirit
teacher
teaches
way
spiritual
life
living
harmony
balance
forces
creation
rituals
integral
part
life
process
embody
form
worship
sacrament
peyote
means
communicating
great
spirit
see
also
stewart
peyote
religion
description
peyote
ritual
hillerman
people
darkness
description
navajo
peyote
ritual
oregon
constitutionally
prosecute
act
worship
like
amish
may
forced
migrate
tolerant
region
yoder
potentially
devastating
impact
must
viewed
light
federal
policy
reached
reaction
many
years
religious
persecution
intolerance
protecting
religious
freedom
native
americans
see
american
indian
religious
freedom
act
stat
ed
shall
policy
protect
preserve
american
indians
inherent
right
freedom
believe
express
exercise
traditional
religions
including
limited
access
sites
use
possession
sacred
objects
freedom
worship
ceremonials
traditional
rites
congress
recognized
certain
substances
peyote
religious
significance
sacred
power
heal
necessary
exercise
rites
religion
necessary
cultural
integrity
tribe
therefore
religious
survival
american
indian
religious
freedom
act
may
create
rights
enforceable
government
action
restricting
religious
freedom
must
scrupulously
apply
free
exercise
analysis
religious
claims
native
americans
however
unorthodox
may
otherwise
first
amendment
stated
policy
congress
offer
native
americans
merely
unfulfilled
hollow
promise
iii
reasons
conclude
oregon
interest
enforcing
drug
laws
religious
use
peyote
sufficiently
compelling
outweigh
respondents
right
free
exercise
religion
since
state
constitutionally
enforce
criminal
prohibition
respondents
interests
underlying
state
drug
laws
justify
denial
unemployment
benefits
absent
justification
state
regulatory
interest
denying
benefits
religiously
motivated
misconduct
see
ante
indistinguishable
state
interests
rejected
frazee
hobbie
thomas
sherbert
state
oregon
consistently
free
exercise
clause
deny
respondents
unemployment
benefits
dissent
see
hernandez
commissioner
free
exercise
inquiry
asks
whether
government
placed
substantial
burden
observation
central
religious
belief
practice
whether
compelling
governmental
interest
justifies
burden
hobbie
unemployment
appeals
state
laws
burdening
religions
must
subjected
strict
scrutiny
justified
proof
state
compelling
interest
bowen
roy
concurring
part
dissenting
part
precedents
long
required
government
show
compelling
state
interest
served
refusal
grant
religious
exemption
lee
state
may
justify
limitation
religious
liberty
showing
essential
accomplish
overriding
governmental
interest
thomas
review
bd
indiana
employment
security
state
may
justify
inroad
religious
liberty
showing
least
restrictive
means
achieving
compelling
state
interest
wisconsin
yoder
nly
interests
highest
order
otherwise
served
overbalance
legitimate
claims
free
exercise
religion
sherbert
verner
question
whether
compelling
state
interest
justifies
substantial
infringement
appellant
first
amendment
right
reluctantly
agree
light
decision
employment
division
dept
human
resources
smith
question
certiorari
granted
properly
presented
case
grave
doubts
however
wisdom
propriety
deciding
constitutionality
criminal
prohibition
state
sought
enforce
state
rely
defending
denial
unemployment
benefits
state
courts
oregon
courts
remand
either
invalidate
state
constitutional
grounds
conclude
remains
irrelevant
oregon
interest
administering
unemployment
benefits
program
surprising
say
least
often
prides
principles
judicial
restraint
reduction
federal
control
matters
state
law
stretch
jurisdiction
limit
order
reach
abstract
setting
constitutionality
oregon
criminal
prohibition
peyote
use
reported
case
state
oregon
sought
prosecute
person
religious
peyote
use
state
soto
app
cert
denied
dearth
evidence
surprising
since
state
never
asserted
health
safety
interest
oregon
courts
thus
opportunity
factfinding
concerning
alleged
dangers
peyote
use
become
state
principal
argument
view
criminal
prohibition
enforceable
religious
use
peyote
rests
evidentiary
foundation
see
cfr
listing
peyote
controlled
substance
schedule
apply
nondrug
use
peyote
bona
fide
religious
ceremonies
native
american
church
members
native
american
church
using
peyote
exempt
registration
person
manufactures
peyote
distributes
peyote
native
american
church
however
required
obtain
registration
annually
comply
requirements
law
see
olsen
drug
enforcement
app
explaining
dea
rationale
exception
moreover
including
many
significant
native
american
populations
statutory
judicially
crafted
exemptions
drug
laws
religious
use
peyote
see
case
although
prove
oregon
must
exception
significant
federal
government
find
presumably
compelling
interests
controlling
use
dangerous
drugs
compatible
exemption
religious
use
peyote
cf
boos
barry
finding
ordinance
restricting
picketing
near
foreign
embassy
least
restrictive
means
serving
asserted
government
interest
existence
analogous
narrowly
drawn
federal
statute
showed
less
restrictive
alternative
readily
available
respect
respondents
use
peyote
seems
closely
analogous
sacramental
use
wine
roman
catholic
church
prohibition
federal
government
exempted
use
wine
general
ban
possession
use
alcohol
see
national
prohibition
act
title
ii
stat
however
compelling
government
general
interest
prohibiting
use
alcohol
may
plausibly
asserted
interest
sufficiently
compelling
outweigh
catholics
right
take
communion
use
peyote
degree
peyote
plant
extremely
bitter
eating
unpleasant
experience
tend
discourage
casual
recreational
use
see
state
whittingham
app
eyote
cause
vomiting
reason
bitter
taste
anderson
peyote
divine
cactus
eating
peyote
usually
difficult
ordeal
nausea
unpleasant
physical
manifestations
occur
regularly
repeated
use
likely
therefore
one
serious
researcher
devoutly
involved
taking
peyote
part
religious
ceremony
slotkin
peyote
way
teachings
american
earth
tedlock
tedlock
eds
find
bitter
inducing
indigestion
nausea
years
various
sects
raised
free
exercise
claims
regarding
drug
use
reported
case
except
involving
claims
religious
peyote
use
claimant
prevailed
see
olsen
iowa
marijuana
use
ethiopian
zion
coptic
church
rush
cert
denied
middleton
cert
denied
hudson
marijuana
heroin
use
moslems
cert
denied
leary
marijuana
use
hindu
rev
grounds
commonwealth
nissenbaum
mass
marijuana
use
ethiopian
zion
coptic
church
state
blake
haw
app
marijuana
use
practice
hindu
tantrism
whyte
app
marijuana
use
rastafarian
state
rocheleau
marijuana
use
tantric
buddhist
state
brashear
marijuana
use
nondenominational
christian
state
randall
mo
app
marijuana
lsd
hashish
use
aquarian
brotherhood
church
see
generally
annotation
free
exercise
religion
defense
prosecution
narcotic
psychedelic
drug
offense
supp
thus
case
distinguishable
lee
concluded
principled
way
distinguish
exemption
claims
tax
system
function
denominations
allowed
challenge
tax
system
tax
payments
spent
manner
violates
religious
belief
see
federal
agencies
task
force
report
congress
american
indian
religious
freedom
act
pp
history
religious
persecution
barsh
illusion
religious
freedom
indigenous
americans
rev
indeed
oregon
attitude
toward
respondents
religious
peyote
use
harkens
back
repressive
federal
policies
pursued
century
ago
government
view
traditional
practices
morally
degrading
unhealthy
indians
fond
gatherings
every
description
public
health
study
complained
advocating
restriction
dances
sings
stem
contagious
diseases
commissioner
indian
affairs
charles
burke
reminded
staff
punish
indian
engaged
dance
involves
reckless
giving
away
property
frequent
prolonged
periods
celebration
fact
disorderly
plainly
excessive
performance
promotes
superstitious
cruelty
licentiousness
idleness
danger
health
shiftless
indifference
family
welfare
two
years
later
forbid
indians
age
participating
dances
kind
directed
federal
employees
educate
public
opinion
footnotes
omitted