Fairness O’Connor typed that the new training “dramatically depart[ed] of really-paid Very first Amendment jurisprudence” and you may is actually “in conflict with the help of our Nation’s practical dedication to individual religious freedom

” 494 You. S., at 891 (thoughts concurring in wisdom). Justices Brennan, Marshall, and Blackmun protested that almost all had “mischaracteriz[ed]” and you will “discard[ed]” the fresh Court’s totally free-get it done jurisprudence coming in order to “perfunctorily write off[ing]” this new “paid and you can inviolate principle” you to definitely state statutes burdening spiritual liberty can get stand on condition that “rationalized by a compelling attract that simply cannot be served by reduced limiting mode.” Id., at the 907–908 (Blackmun, J., inserted because of the Brennan and you may Marshall, JJ., dissenting).

Smith’s impact is quickly felt, and you will Congress was overloaded that have profile of decision’s effects. In reaction, they made an effort to restore the new Sherbert [...]