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SMITH v. EMPLOYMENT DIV.

EAB 84-AB-1217/CA A33421/SC S32481 EAB 84-AB-161/CA A31186/SC S32482. USSC 88-1213.

799 P.2d 148 (1990)

310 Or. 376

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 September 20, 1990.

Attorney(s) appearing for the Case

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

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Michael D. Reynolds and Jeff Bennett, Asst. Attys. Gen., for petitioner on review.

Suanne Lovendahl, Oregon Legal Services Corp., Roseburg, for respondents on review.

Before PETERSON, C.J., and CARSON, VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.

PER CURIAM.

These cases are again before us on remand from the Supreme Court of the United States. Employment Div. v. Smith, 494 U.S. ___, 110 S.Ct. 1595, 108 L.Ed.2d 876 (1990). After the first remand, we decided that "the Oregon statute against possession of controlled substances, which include peyote, makes no exception for the sacramental use of peyote." Smith v. Employment Division, 307 Or...

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