Sherbert v. Verner

374 U.S. 398 (1963)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Sherbert (P), appellant, a Seventh-day Adventist, was discharged by her employer 'because she would not work on Saturday, the Sabbath Day of her faith.' She was unable to obtain other employment because she would not take Saturday work. Her claim for South Carolina state unemployment compensation was denied because the state compensation law barred benefits to workers who failed, without good cause, to accept 'suitable work when offered.' This finding was sustained by the Court of Common Pleas for Spartanburg County. That court's judgment was in turn affirmed by the South Carolina Supreme Court, which rejected appellant's contention that, as applied to her, the disqualifying provisions of the South Carolina statute abridged her right to the free exercise of her religion secured under the Free Exercise Clause of the First Amendment through the Fourteenth Amendment. Appellant's ineligibility infringed no constitutional liberties because such a construction of the statute 'places no restriction upon the appellant's freedom of religion nor does it in any way prevent her in the exercise of her right and freedom to observe her religious beliefs in accordance with the dictates of her conscience.'