Home / World News / Ghost of Justice Scalia looms as Supreme Court debates religion and civil rights law – LA Times

Ghost of Justice Scalia looms as Supreme Court debates religion and civil rights law – LA Times

Since the 1990s, however, when Scalia was skeptical of religious exemptions, the ideological sides have shifted. Then, the court’s three staunch liberals — Justices William Brennan, Thurgood Marshall and Harry Blackmun — dissented from the ruling in Employment Division vs. Smith, calling Scalia’s opinion a “wholesale overturning of settled law” for protecting religious freedom. The case before the court arose when two Native Americans were fired for having used peyote during a religious ceremony. State officials said peyote was classified as an illegal drug, and the liberal justices said it could be viewed like communal wine in church.

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