Employment Division v. Smith (1990)
A) established the right of freedom of speech
B) moved away from the SHERBERT three part free exercise test
C) allowed American Indians to use peyote
D) allowed Sabbatarians to refuse work on Saturdays

Question

Quizplus · Accepted Answer

Employment Division v. Smith moved away from the SHERBERT three part test for determining whether a law burdening religious practice violated the Free Exercise Clause. The Supreme Court held that as long as the law is neutral and generally applicable, it is constitutional and does not need to meet the strict scrutiny standard.

Employment Division V. Smith (1990)