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SMITH v. EMPLOYMENT DIVISION

Nos. 84-AB-161, 84-AB-1217; CA A31186, CA A33421, SC S32482, SC S32481, USSC 86-947, USSC 86-946.

763 P.2d 146 (1988)

307 Or. 68

Alfred L. SMITH, Respondent On Review, v. EMPLOYMENT DIVISION, W.E. Hunter, Assistant Director, Dhr, Petitioner On Review, and Adapt, Respondent. Galen W. Black, Respondent On Review, v. Employment Division, W.E. Hunter, Assistant Director, Dhr, Petitioner On Review, and Adapt, Respondent.

Supreme Court of Oregon.

Decided October 18, 1988.

Attorney(s) appearing for the Case

William F. Gary, Deputy Atty. Gen., Salem, argued the cause for petitioner on review. On the petitions for review were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Michael D. Reynolds and Jeff Bennett, Asst. Attys. Gen., Salem. On the petitions for reconsideration were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Michael D. Reynolds, Asst. Atty. Gen. On petitioner's supplemental briefs were Dave Frohnmayer, Atty. Gen., William Gary, Deputy Atty. Gen., and Virginia L. Linder, Sol. Gen.

Suanne Livendahl, Oregon Legal Services Corp., Roseburg, argued the cause and filed briefs for respondents on review.

David M. Gordon, Thorp, Dennett, Purdy, Golden & Jewett, P.C., Springfield, and Allen L. Johnson, Johnson & Kloos, Eugene, filed briefs amicus curiae on behalf of American Civil Liberties Union.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ.

PER CURIAM.

These cases are before us on remand from the Supreme Court of the United States. Employment Div. v. Smith, 485 U.S. ___, 108 S.Ct. 1444, 99 L.Ed.2d 753 (1988). We had decided that the state could not, consistent with the First Amendment, deny unemployment compensation to petitioners, who had been discharged from employment for ingesting peyote in ceremonies of the Native American Church, of which they were...

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