1878

Reynolds v. U.S.

Reynolds was a Mormon in the Utah Territory. Congress passed a law that banned polygamy. Reynolds was arrested for having two wives.. Mormons were urged to have several wives. Was the law an unconstitutional violation of Reynolds freedom of religion?

The Supreme Court ruled that religion is not an absolute freedom. Religious acts that violate criminal laws, such as laws against polygamy, are not protected by the First Amendment. In 1890, the Mormons also banned the practice of polygamy.

1963

Sherbert v. Verner

A Seventh Day Adventist was fired. She refused to work on Saturdays. She also refused other jobs that required her to work on Saturdays.

Mrs. Sherbert won. If government places a major burden on a person for one's religion, then government must have a compelling interest to to do so. There was no compelling interest in this case.

1991

Unemployment Division v. Smith

Native Americans were fired for using peyote. It was part of their worship service. They were denied unemployment since they were fired for doing something illegal.

The Supreme Court ruled that this case differed from the Sherbert case because a criminal law was broken. Oregon would not make an exception for the use of peyote for religious practices.

1993

The Religious Freedom Restoration Act (RFRA)

There was strong public opinion against the decision in the Smith case. President Clinton asked Congress to act.

1997

Boerne v. Flores

The City of Boerne, Texas would not allow a church to make an addition. The City said the church was an historical landmark and should be preserved as is. The church argued the City was violating the RFRA.

The Supreme Court held that the Religious Freedom Restoration Act was unconstitutional. It violated the separation of powers and division of powers in the Constitution.. In other words, the RFRA was putting too much of a limit on state and local governments to pass their own laws.