Sherbert v. Verner (1963)

Sherbert v. Verner, decided by the U.S. Supreme Court in 1963, addressed the question whether a Seventh-day Adventist was eligible for unemployment benefits after being discharged from her job [Page 1962]for refusing to work on Saturdays, the Sabbath day for her faith.

Adell Sherbert was a textile-mill employee in South Carolina who became a Seventh-day Adventist in 1957. At that time, the mill operated on a 5-day workweek; however, it changed to a 6-day week in 1959. When Sherbert refused to work on Saturdays, she was discharged. She attempted to find work at other mills as well as in other employment sectors but was unable to secure a new position because of her restricted schedule. She filed a claim for unemployment compensation under the South Carolina Unemployment Compensation Act, but her claim was denied on the grounds that she did not accept suitable work that was offered to her. This decision was upheld by the state supreme court, and an appeal was brought to the U.S. Supreme Court in 1963.

The Supreme Court overturned the state supreme court in a 7–2 ruling, declaring that the denial of unemployment compensation was in violation of the Religious Liberty Clause of the First Amendment (“Congress shall make no law … prohibiting the free exercise [of religion]).” Specifically, the Court ruled that (a) disqualifying Sherbert from receiving unemployment compensation because she refused to work on Saturdays imposed an unconstitutional burden on the free exercise of her religion; (b) there was no compelling state interest present to justify the infringement of her free exercise rights; and (c) the decision did not represent the “establishment” of the Seventh-day Adventist religion.