An Open Letter to the Religious Community
- CHURCH, STATE, AND PEYOTE. Neuhaus, Richard John // National Review;6/11/1990, Vol. 42 Issue 11, p40
Focuses on the decision of the United States Supreme Court on the case "Employment Division v. Smith." Question as to whether ingesting peyote constitutes the free exercise of religion; Rationale set forth in Justice Antonin Scalia's majority opinion; Details of the case; Standard procedure in...
- Religious Freedom Denied. Duncan, Richard F. // First Things: A Monthly Journal of Religion & Public Life;Aug/Sep1990, Issue 5, p12
Discusses the concept of religious freedom in relation to the peyote case Employment Division versus Smith. Use of the case to interpret the Free Exercise Clause out of the U.S. Constitution; Facts of the case; Ways in which the decision in the case intrudes on religious life.
- Free Exercise on the Mountaintop. Gordon III, James D. // California Law Review;Jan1991, Vol. 79 Issue 1, p91
In this dialogue on a mountaintop, a student and his spiritual teacher explore the contours of the free exercise clause of the first amendment. The Supreme Court dramatically narrowed that clause in Employment Division v. Smith, which concerned the religious use of peyote by Native Americans....
- Religious Regulation and the Courts: Documenting the Effects of the Smith and RFRA. Adamczyk, Amy; Wybraniec, John; Finke, Roger // Journal of Church & State;Spring2004, Vol. 46 Issue 2, p237
Presents information on the impact of the U.S. Supreme Court's decision in the 1990 religious case Employment Division versus Smith on religious freedom exercise in the U.S. History of the court decision on Employment Division versus Smith case; Influence of the Religious Freedom Restoration...
- Scrutiny Mutiny: Why the Iowa Supreme Court Should Reject Employment Division v. Smith and Adopt a Strict Scrutiny Standard for Free-Exercise Claims Arising Under the Iowa Constitution. Currie, Michael D. // Iowa Law Review;Mar2014, Vol. 99 Issue 3, p1363
In 1990, the United States Supreme Court decided Employment Division v. Smith. The Smith decision dismantled the Supreme Court's prior free-exercise jurisprudence that applied a "compelling state interest " strict scrutiny standard of review to facially neutral, generally applicable laws that...
- A Blow to Freedom of Religion. Hentoff, Nat // Progressive;Dec90, Vol. 54 Issue 12, p16
This article discusses the decision of the U.S. Supreme Court on the case Employment Division v. Smith which affects the First Amendment by taking away the compelling interest standard for state laws restricting free exercise of religion. In diminishing the First Amendment, Justice Antonin...
- Religious exercise: How free? Meese III, Edwin // Harvard Journal of Law & Public Policy;Winter92, Vol. 15 Issue 1, p160
Discusses the results of the Supreme Court case `Employment Division of Oregon vs. Smith.' Whether Congress should pass legislation overruling the Supreme Court's decision; Views on religious freedom.
- The Free Exercise Clause as a rule about rules. Harrison, John // Harvard Journal of Law & Public Policy;Winter92, Vol. 15 Issue 1, p169
Discusses the results of the Supreme Court case `Employment Division of Oregon vs. Smith.' Whether Congress should pass legislation overruling the Supreme Court's decision; Views on religious freedom; Opinions on the Free Exercise Clause; Section 1, and Section 5 of the Fourteenth Amendment.
- Should Congress pass legislation restoring the broader interpretation of free exercise of religion? McConnell, Michael W. // Harvard Journal of Law & Public Policy;Winter92, Vol. 15 Issue 1, p180
Discusses whether Congress should pass legislation restoring the broader interpretation of free exercise of religion. Results of the Supreme Court case `Employment Division of Oregon vs. Smith'; Interpretations of the First Amendment; Opinions about the Free Exercise Clause.