1. Discuss how the Supreme Court has used the Establishment Clause 3-part Lemon Test to decide on two recent cases McCreary County v. ACLU and Van Oren v. Perry in 2005 concerning the issue of religious display. What happened in each of those cases that brought the issue to the courts? Why one of the displays was deemed a violation of the establishment clause and not the other?
Topic: Employment v. Smith
Alfred Smith and Galen Black, both members of the Native American Church, were fired from their jobs as drug rehabilitation counselors on the grounds that they had used peyote during a religious ritual. They were subsequently denied unemployment benefits because they had been discharged for “misconduct.” The question before the U.S. Supreme Court is whether the refusal of the state to grant unemployment benefits in this situation constitutes an abridgement of rights under the Free Exercise Clause of the First Amendment.
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