[Your Constitutional Rights!]

Sherbert v. Verner, 374 U.S. 398 (1963)

"The door of the Free Exercise Clause stands tightly closed
against any governmental regulation of religious beliefs."

"denial of a benefit or privilege"

South Carolina, 1959. The textile mill, where Adele Sterbert works, switches from a five-day to a six-day work week. She can't work that extra day. It's a Saturday, her Sabbath, as a Seventh Day Adventist.

She's fired. When she files for unemployment benefits, she's turned down. State labor laws allow workers to refuse to work on Sunday, but not on Saturday. She sues.

South Carolina says[Justice Brennan] unemployment compensation benefits are a "privilege" not a "right." The Supreme Court says: "It is too late in the day to doubt that the liberties of religion may be infringed by the denial of a benefit or privilege." Justice Brennan writes: "The door of the Free Exercise Clause stands tightly closed against any governmental regulation of religious beliefs."

Freedom Of Religion First Amendment Cyber-Tribune

An overall view of religious liberty as defined by U.S. Supreme Court cases

Free Exercise of Religion Exploring Constitutional Conflicts

Religious Movements: Seventh-Day Adventists University of Virginia Library

[FindLaw]
FindLaw® full text of decision.

[OyezOyez]
Oyez® audio of arguments.

AMENDMENT 1 Freedom of Religion, Speech, and Assembly

Passed by Congress September 25, 1789. Ratified December 15, 1791.

[Amendment 1] Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. [^].

[last case] [index] [next case]

Your Constitutional Rights. A WEB & RADIO project of:
ACLU Montana | HearingVoices.