Employment Division v. Smith
494 U.S. 872 · Decided April 17, 1990 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Employment Division v. Smith was decided on April 17, 1990 by a vote of 6–3. The Court reversed the lower court's decision. Justice Antonin Scalia wrote the opinion of the Court. SCDB classifies its main issue as “Free exercise of religion” in the First Amendment area.
Read the opinion
Case details
- Citations
- 494 U.S. 872 · 110 S. Ct. 1595 · 108 L. Ed. 2d 876 · 1990 U.S. LEXIS 2021
- Docket number
- 88-1213
- Decided
- April 17, 1990
- Argued
- November 6, 1989
- Court era
- Rehnquist Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Reversed
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 6–3
- Majority opinion
- Antonin Scalia
- Opinion assigned by
- William H. Rehnquist
- How the case arrived
- Certiorari
- Issue (SCDB)
- Free exercise of religion
- Issue area
- First Amendment
- Legal provision
- First Amendment (free exercise of religion)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William J. Brennan Jr. | Dissent | |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Dissent | |
| Justice Harry A. Blackmun | Dissent | Wrote an opinion |
| Chief Justice William H. Rehnquist | Majority | |
| Justice John Paul Stevens | Majority | |
| Justice Sandra Day O'Connor | Special concurrence | Wrote an opinion |
| Justice Antonin Scalia | Majority | Wrote an opinion |
| Justice Anthony M. Kennedy | Majority |
Full case caption
Employment Division, Department of Human Resources of Oregon, et al. v. Smith et al.
SCDB identifiers: case 1989-061, docket 1989-061-01.
Related decisions
Other cases on “Free exercise of religion”
- Jimmy Swaggart Ministries v. Board of Equalization of California
- Frazee v. Illinois Department of Employment Security
- Employment Division v. Smith
- Richard E. Lyng v. Northwest Indian Cemetery Protective Association
- O'Lone v. Estate of Shabazz
- Hobbie v. Unemployment Appeals Commission of Florida
Cases on the same legal provision: First Amendment (free exercise of religion)
- Gary Locke v. Joshua Davey
- Trinity Lutheran Church v. ComerLaw held unconstitutional
- Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
- Espinoza v. Montana Department of RevenueLaw held unconstitutional
- Carson v. MakinLaw held unconstitutional
- Zorach v. Clauson
Same Term, same area (First Amendment)
- University of Pennsylvania v. Equal Employment Opportunity Commission
- Fw/pbs, Inc. v. City of DallasLaw held unconstitutional
- Jimmy Swaggart Ministries v. Board of Equalization of California
- Federal Trade Commission v. Superior Court Trial Lawyers Association
- Butterworth v. SmithLaw held unconstitutional
- Austin v. Michigan State Chamber of Commerce
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error