Sherbert v. Verner: Difference between revisions

From Citizendium
Jump to navigation Jump to search
imported>James F. Perry
(add subpages tag)
(2 intermediate revisions by one other user not shown)
Line 1: Line 1:
{{subpages}}
{{subpages}}


'''Sherbert v. Verner''' (374 U.S. 398) was a 1963 decision of the [[United States Supreme Court]] in which it was ruled that the denial of unemployment compensation benefits to a member of the [[Seventh Day Adventist]] religion who had been dismissed for her refusal to accept work assignments on Saturday, the Sabbath Day of her religion, constituted an unconstitutional infringement on her freedom of religion.
'''Sherbert v. Verner''' (374 U.S. 398)<ref>[http://supreme.justia.com/us/374/398/case.html Sherbert v. Verner] Complete text of the court decision.</ref> was a 1963 decision of the [[Supreme Court of the United States]] in which it was ruled that the denial of unemployment compensation benefits to a member of the [[Seventh Day Adventist]] religion who had refused to accept an employment offer which involved working on Saturday, the Sabbath Day of her religion, constituted an unconstitutional infringement on her freedom of [[religion]].


In issuing the ruling, the Court established a fourfold test of religious claims advanced under the Freedom of Religion clause of the First Amendment to the U.S. Constitution. The four points were:
In issuing the ruling, the Court established a fourfold test of religious claims advanced under the Establishment Clause of the First Amendment to the U.S. Constitution. The four points were:


* 1) the claimant was required to demonstrate that a sincerely held religious belief was involved;
# the claimant was required to demonstrate that a sincerely held religious belief was involved;
* 2) that his or her religious beliefs were burdened in some fashion by the government's actions;
# that his or her religious beliefs were burdened in some fashion by the government's actions;
* 3) that the government could not demonstrate an overriding compelling state interest in its actions; and,
# that the government could not demonstrate an overriding compelling state interest in its actions; and,
* 4) that, even if such an overriding compelling state interest is involved, no less burdensome approach could be found to implement the state's interest.
# that, even if such an overriding compelling state interest is involved, no less burdensome approach could be found to implement the state's interest.
 
==Notes==
 
<references/>

Revision as of 10:50, 11 March 2023

This article is a stub and thus not approved.
Main Article
Discussion
Related Articles  [?]
Bibliography  [?]
External Links  [?]
Citable Version  [?]
 
This editable Main Article is under development and subject to a disclaimer.

Sherbert v. Verner (374 U.S. 398)[1] was a 1963 decision of the Supreme Court of the United States in which it was ruled that the denial of unemployment compensation benefits to a member of the Seventh Day Adventist religion who had refused to accept an employment offer which involved working on Saturday, the Sabbath Day of her religion, constituted an unconstitutional infringement on her freedom of religion.

In issuing the ruling, the Court established a fourfold test of religious claims advanced under the Establishment Clause of the First Amendment to the U.S. Constitution. The four points were:

  1. the claimant was required to demonstrate that a sincerely held religious belief was involved;
  2. that his or her religious beliefs were burdened in some fashion by the government's actions;
  3. that the government could not demonstrate an overriding compelling state interest in its actions; and,
  4. that, even if such an overriding compelling state interest is involved, no less burdensome approach could be found to implement the state's interest.

Notes

  1. Sherbert v. Verner Complete text of the court decision.