Religious Freedom and Unemployment Compensation Benefits

Abstract

One key issue which has surrounded the payment of unemployment compensation benefits has been whether states could deny payment of such benefits to individuals who were out of Work for religious reasons. This presented a classic clash between state denial and First Amendment religious protections. In all such confrontations from 1963 until 1990 the Supreme Court sided with the claimant, but reversed itself in that year in Oregon v. Smith. This reversal triggered off the introduction of two House Bills calling for concepts to be enacted into general law which would be congruent with the earlier Supreme Court compensation decisions.