3 holding yes a oregon prohibits the use of peyote

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3. Holding : Yes. a. Oregon prohibits the use of peyote even for religious purposes. New question: is this prohibition permissible under the Free Exercise Clause? b. Recognize that the exercise of religion involves more than just beliefs and encompasses the performance of (or abstention from) certain actions. Such as: communion and assembling. c. It would be true, we think, that a state would be prohibiting free exercise if it sought to ban such acts only when they are engaged in for religious reasons. However, Ps are contending their violation of a criminal law falls under the protection of Free Exercise clause. d. That the right of free exercise does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability on the ground that the law proscribes conduct that his religion prescribes. 41
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e. NROGA = Neutral Rule of General Applicability i. If yes test is minimum rationality f. Salamanca Notes : i. Bill Clinton and Congress got pissed off about Smith . They tried to reinstate Strict scrutiny as the test for Free Exercise no matter what. Religious Freedom Restoration Act of 1993. However, SCOTUS struck this down as it applied to the states. It is still good federal law. ii. Religious Land Use and Institutionalized Persons Act of 2000: puts strict scrutiny as the test back to the states ONLY if it applies to land use/zoning and institutionalized persons such as prisoners. g. Free exercise clause cannot be used to challenge a neutral law of general applicability. 42
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  • Spring '18
  • Government, Fourteenth Amendment to the United States Constitution

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