-Refused to work on Saturday, because of Saturday Sabbath.
- Files for unemployment
- Request denied because she refused to work on a Saturday.
May a state deny unemployment benefits to persons who refuse to work on particular days of the w because of their religious beliefs, without demonstrating a compelling state interest for such denial and that the state has adopted the least drastic means in accomplishing its objective?
Sherberts disqualification is a violation of freedom religion. Intent of SC is not to discriminate but even if it shows indirect effect its unconstitutional. Intent is not what matters in the law becoming unconstitutional it is the effect which violates first amendment rights.
-Sherbert is essentially being fined for her religion.
- 2 prong test
--compelling state interest must be n to uphold law. no compelling state interest shown.
--demonstrate that law has chosen east drastic means for enacting the law
---both parts of the test must be min this case they did not even meet first standard.