Sherbert v. Verner

374 U.S. 398, 83 S. Ct. 1790, 10 L. Ed. 2d 965, 1963 U.S. LEXIS 976, 9 Fair Empl. Prac. Cas. (BNA) 1152
CourtSupreme Court of the United States
DecidedJune 17, 1963
Docket526
StatusPublished
Cited by2,643 cases

This text of 374 U.S. 398 (Sherbert v. Verner) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sherbert v. Verner, 374 U.S. 398, 83 S. Ct. 1790, 10 L. Ed. 2d 965, 1963 U.S. LEXIS 976, 9 Fair Empl. Prac. Cas. (BNA) 1152 (1963).

Opinions

Mr. Justice Brennan

delivered the opinion of the Court.

Appellant, a member of the Seventh-day Adventist Church, was discharged by her South Carolina employer because she would not work on- Saturday, the Sabbath Day of her faith.1 When she was unable to obtain' other employment because from conscientious scruples' she would not take Saturday work,2 she filed a claim for [400]*400unemployment compensation benefits under the South Carolina Unemployment -Compensation Act.3 That law provides that, to be eligible for benefits, a claimant must be “able to work and . . . available for work’.'; and, fur[401]*401ther, that a claimant is ineligible for benefits “ [i] f . . .-he has failed, without good causé . . . to accept available suitable work when offered him by the employment office or the employer . . . The appellee Employment Secu-. rity Commission, in administrative proceedings under the statute, found that appellant’s restriction upon her availability for Saturday work brought 'her within the provision disqualifying for benefits insured workers who fail, without good cause, to accept “suitable work when offered ... by the employment office or thé employer .'...” The Commission’s finding was sustained by the Court of Common Pleas for Spartanburg County.. That court’s judgment was* in turn affirmed by the South Carolina Supreme Court, which rejected appellant’s contention that, as applied to her, the disqualifying provisions of the South Carolina statute abridged her right to the free exercise of her religion secured under the Free Exercise Clause of the First Amendment through the Fourteenth Amendment. The State Supreme Court held specifically that appellant’s ineligibility infringed no constitutional -liberties because such, a construction of the statute “places no restriction upon the appellant’s freedom .of religion nor does it in any way prevent her in the exercise of her right and freedom to observe her religious beliefs in accordance with the dictates of her conscience.” 240 S. C. 286, 303-304, 125 S. E. 2d 737, 7464 We noted probable [402]*402jurisdiction of appellant’s appeal. 371 TJ. S. 938. We reverse the judgmént of the South Carolina Supreme Court and remand for further proceedings not inconsistent with this opinion.

I.

The door of the Free Exercise Clause stands tightly-closed against any governmental regulation of religious beliefs as such, Cantwell v. Connecticut, 310 U. S. 296, 303. Government may neither compel affirmation of a repugnant belief, Torcaso v. Watkins, 367 U. S. 488; nor penalize or discriminate against individuals or groups because they hold religious views abhorrent to the authorities, Fowler v. Rhode Island, 345 U. S. 67; nor employ the taxing power to inhibit the dissemination of particular religious views, Murdock v. Pennsylvania, 319 U. S. 105; Follett v. McCormick, 321 U. S. 573; cf. Grosjean v. American Press Co., 297 U. S. 233. On the other hand, [403]*403the Court has rejected challenges under the Free Exercise Clause to governmental regulation of certain overt acts prompted by religious beliefs or principles, for “even when the action is in accord with one’s religious convictions, [it] is not totally free from legislative restrictions.” Braunfeld v. Brown, 366 U. S. 599, 603. The conduct or actions so regulated have invariably posed some substantial threat to public safety, peace or order. See, e. g., Reynolds v. United States, 98 U. S. 145; Jacobson v. Massachusetts, 197 U. S. 11; Prince v. Massachusetts, 321 U. S. 158; Cleveland v. United States, 329 U. S. 14.

Plainly enough, appellant’s conscientious objection to Saturday work constitutes no conduct prompted by religious principles of a kind within the reach of state legislation. If, therefore, the decision of the South Carolina Supreme Court is to withstand appellant’s constitutional challenge, it must be either because her disqualification as a beneficiary represents no infringement by the State of her constitutional rights of free exercise, or because any incidental burden on the free exercise of appellant’s religion may be justified by a “compelling state interest in the regulation of a subject within the State’s constitutional power to regulate . . . .” NAACP v. Button, 371 U. S. 415, 438.

II.

We turn first to the question whether the disqualification for benefits imposes any burden on the free exercise of appellant’s religion. We think it is clear that it does. In a sense the consequences of such a disqualification to religious principles and practices may be only an indirect result of welfare legislation within the State’s general competence to enact; it is true that no criminal sanctions directly compel appellant to work a six-day week. But this is only the beginning, not the end, of our [404]*404inquiry.5 For “[i]f the purpose &r effect of a law is to impede the* observance of one or all religions or is to discriminate invidiously between religions, that law is constitutionally invalid even though the burden may be characterized as being only indirect.” Braunfeld v. Brown, supra, at 607. Here not only is it apparent that appellant’s declared ineligibility for benefits derives solely from the practice of her religion, but the pressure upon her to forego that practice is unmistakable. The ruling forces her to choose between following the precepts of her religion and forfeiting benefits, on the one hand, and abandoning one of the precepts of her religion in order to accept work, on the other hand. Governmental imposition of such a choice puts the same kind of burden upon the free exercise of religion as would a fine imposed against appellant for her Saturday worship.

Nor may the South Carolina court’s construction of the statute be saved from constitutional infirmity on the ground that unemployment compensation benefits are not appellant’s “right” but merely a “privilege.” It is too late in the day to doubt that the liberties of religion and expression may be infringed by the denial of or placing of conditions upon a benefit or privilege.6 American [405]*405Communications Assn. v. Douds, 339 U. S. 382, 390; Wieman v. Updegraff, 344 U. S. 183, 191-192; Hannegan v. Esquire, Inc.,

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Bluebook (online)
374 U.S. 398, 83 S. Ct. 1790, 10 L. Ed. 2d 965, 1963 U.S. LEXIS 976, 9 Fair Empl. Prac. Cas. (BNA) 1152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherbert-v-verner-scotus-1963.