John Marshall Harlan II

“ The meaning of today's holding, as already noted, is that the State must furnish unemployment benefits to one who is unavailable for work if the unavailability stems from the exercise of religious convictions. The State, in other words, must single out for financial assistance those whose behavior is religiously motivated, even though it denies such assistance to others whose identical behavior (in this case, inability to work no Saturdays) is not religiously motivated. ”

“ There are too many instances in which no such course can be charted, too many areas in which the pervasive activities of the State justify some special provision for religion to prevent it from being submerged by an all-embracing secularism. ”

“ Certainly the Court is not basing today's decision on the unsupported supposition that some day, the South Carolina Supreme Court may conclude that there is some personal reason for unemployment that may not disqualify a claimant for relief. ”

“ Forcing a store owner to close his business on Sunday may well have the effect of depriving him of a satisfactory livelihood if his religious convictions require him to close on Saturday as well. Here we are dealing only with temporary benefits, amounting to a fraction of regular weekly wages and running for not more than 22 weeks. See §§ 68-104, 68-105. Clearly, any differences between this case and Braunfeld cut against the present appellant. [3]
Second, the implications of the present decision are far more troublesome than its apparently narrow dimensions would indicate at first glance. ”

“ The constitutional obligation of 'neutrality,' see School District of Abington Township v. Schempp, 372 U.S., p. 222, 83 S.Ct., p. 1571, is not so narrow a channel that the slightest deviation from an absolutely straight course leads to condemnation. ”