Sherbert v. Verner

Background

A woman who was a member of the Seventh-day Adventist Church lost her job because she would not work on Saturday, her Sabbath. She sought unemployment benefits under South Carolina’s law, which requires a claimant to be able and available for work and disqualifies those who fail without good cause to accept suitable work. The South Carolina Employment Security Commission and the State courts found her ineligible because she would not accept Saturday work.

Reasoning

The Supreme Court asked whether applying the eligibility rule in this way put a substantial burden on her free exercise of religion. The Court held that it did, because the rule forced her to choose between her faith and receiving benefits. The State’s asserted interests — fears of fraud or workplace scheduling problems — were not shown to be compelling on this record, and the State did not prove that there were no less restrictive ways to prevent abuse. The Court therefore reversed the state court’s decision.

Real world impact

After this decision, a state may not apply unemployment eligibility rules in a way that effectively forces a worker to abandon a religious practice like Sabbath observance without showing a compelling justification. The ruling does not create a blanket constitutional right to benefits for all religious claimants nor require any particular unemployment system; it only prevents the State from conditioning benefits so as to coerce religious abandonment. The case was sent back for further proceedings consistent with this opinion.

Dissents or concurrances

Justices Douglas and Stewart agreed with the result; Stewart warned of tension with the Court’s other rulings about government aid to religion. Justice Harlan (joined by Justice White) dissented, arguing the decision departs from prior precedent and improperly compels special treatment for religion.