Title
Religious Freedom And Indian Rights: The Case Of Oregon V. Smith-used
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The Supreme Court'S Controversial Decision In Oregon V. Smith Sharply Departed From Previous Expansive Readings Of The First Amendment'S Religious Freedom Clause And Ignited A Firestorm Of Protest From Legal Scholars, Religious Groups, Legislators, And Native Americans. Carolyn Long Provides The First Booklength Analysis Of Smith And Shows Why It Continues To Resonate So Deeply In The American Psyche.In 1983, Klamath Indian Alfred Smith And His Coworker Galen Black Were Fired As Counselors From A Drug Rehabilitation Agency For Using Peyote, A Controlled Substance Under Oregon Law, In A Religious Ceremony Of The Native American Church. Both Were Subsequently Denied Unemployment Benefits, Which The State Of Oregon Claimed Was Permissible Under Its Police Powers And Necessary In Its Effort To Eradicate Drug Abuse. But Smith And Black Argued That The Denial Of Unemployment Benefits Constituted An Infringement Of Their Religious Freedom And Took Their Cases To Court.Long Traces The Tortuous Path That Smith Followed As It Went From State Courts To The Supreme Court And Then Back Again For A Second Round Of Hearings. A Major Event In Native American History, The Case Attracted Widespread Support For The Indian Cause From A Diverse Array Of Religious Groups Eager To Protect Their Own Religious Freedom. It Also Led To An Intense Tugofwar Between The Court And Congress, Which Fought Back With Amendments To The American Indian Religious Freedom Act (To Protect The Religious Use Of Peyote) And The Religious Freedom Restoration Act Of 1993, Which Protected Religious Freedom For All Americans. The Court Subsequently Ruled The Latter Act Unconstitutional In Boerne V. Flores (1997).Long Provides A Lucid And Balanced View Of The Competing Sides In Smith. Drawing On Interviews With Smith And His Family, As Well As With Lawyers, Judges, And Congressional And Interest Group Representatives Involved In This Struggle Between Congress And Court, She Takes The Reader From The Rituals Of A Peyote Religious Ceremony To The Halls Of Government To Reveal The Conflicting Interests That Emerged In This Key First Amendment Case. She Also Clarifies How The Court Reversed Longstanding Precedent By Replacing The Balancing Test Of 'Compelling State Interest' And 'Least Restrictive Means' With A New 'Reasonable Basis' Argument That Theoretically Could Be Used To Curtail Religious Practices Well Beyond Those Of The Native American Church.Ultimately, The Supreme Court Ruled That The First Amendment Protection Of Religious Freedom Applies Only To Laws That Specifically Target Religious Behavior And That An Individual'S Religious Beliefs Do Not Excuse One From Complying With Statutes That Indirectly Infringe On Their Religious Rights. Engagingly Written, Long'S Study Highlights The Resultant Struggles, But Without Ever Losing Sight Of The Rich Human Dimensions Of The Story.
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- Q: What is the main topic of 'Religious Freedom and Indian Rights: The Case of Oregon v. Smith'? A: 'Religious Freedom and Indian Rights' analyzes the Supreme Court's decision in Oregon v. Smith, focusing on its implications for religious freedom, especially for Native Americans, and the conflicts that arose between state laws and religious practices.
- Q: Who is the author of this book? A: The book is authored by Carolyn N. Long.
- Q: What significant event does the book discuss? A: The book discusses the 1983 Supreme Court case Oregon v. Smith, where Klamath Indian Alfred Smith was denied unemployment benefits after being fired for using peyote in a religious ceremony.
- Q: What are the key themes explored in this book? A: Key themes include the balance of religious freedom versus state law, the historical significance of the case for Native Americans, and the evolving interpretation of the First Amendment.
- Q: What type of book is this? A: This is a scholarly analysis, providing a comprehensive examination of a landmark Supreme Court case and its broader implications for religious rights.
- Q: How does the book portray the Supreme Court's ruling? A: The book explains that the Supreme Court ruled that the First Amendment's protection of religious freedom applies only to laws that specifically target religious behavior, impacting the ability to excuse non-compliance with certain laws.
- Q: What is the condition of the book being sold? A: The book is listed as 'Used Book in Good Condition'.
- Q: How many pages does the book have? A: The book contains 336 pages.
- Q: What is the binding type of this book? A: The book is available in paperback binding.
- Q: When was 'Religious Freedom and Indian Rights' published? A: The book was published on January 16, 2001.