PSCI 3322 Lecture Notes - Lecture 15: Sherbert V. Verner, Unemployment Benefits, Antonin Scalia
25 Jan 2017
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Sabbath day is saturday, only other available work is saturday. South carolina is sunday: demands for unemployment compensation, government refuses because there is available work but she doesn"t want to because of exercise of free religion. Sc: to respect her free exercise of religion, you have to carve out an exception for her so she can get unemployment compensation. If you carve out an exception for a religion, aren"t you favoring a religion. There is an establishment of a religion catholic"s sabbath are sunday, will want unemployment compensation as well: free exercise of religion creates an establishment of religion. A sincerely held believe in a supreme being or equivalent. When court first dealt with free exercise, they used the secular rule. If a state is regulating religious conduct by enacting a general law within its power, the purpose and effect of which is to advance the state secular goals, the statute is valid despite any indirect burden on religion.
