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Posted on 11/02/2005 10:58:14 AM PST by Graybeard58
WASHINGTON -- The Supreme Court debated Tuesday whether to let a small congregation in New Mexico worship with hallucinogenic tea, the first religious freedom dispute under Chief Justice John Roberts.
Justice Sandra Day O'Connor seemed skeptical of the Bush administration's claim that the tea can be banned, but she may not be around to vote in the case.
About 130 members of a Brazil-based church have been in a long-running dispute with federal agents who seized their tea in 1999. The hoasca tea, which contains an illegal drug known as DMT, is considered sacred to members of O Centro Espirita Beneficiente Uniao do Vegetal.
The Bush administration contends the tea is not only illegal but potentially dangerous.
The Supreme Court has dealt with religious drug cases before. Justices ruled 15 years ago that states could criminalize the use of peyote by American Indians. But Congress changed the law to allow the sacramental use in tribal services of peyote, a bitter-tasting cactus that includes the hallucinogen mescaline.
O'Connor pointed out during Tuesday's argument that Congress changed the rules. She interrupted the Bush administra- tion lawyer in his opening statement and peppered him with difficult questions.
Other justices also seemed concerned by the government's claim that an exception could be made for peyote, but not for hoasca tea. "That is a rather rough problem under the First Amendment," said Justice Stephen Breyer.
Justice Antonin Scalia, who wrote the 1990 peyote opinion, said tribes have been using peyote -- "a demonstration you can make an exception without the sky falling."
The man nominated to replace the retiring O'Connor, Samuel Alito, has dealt with a variety of religion cases as an appeals court judge. He wrote a 1999 opinion allowing Muslim police officers to keep their beards and voted that year to permit a government holiday display containing a creche, a menorah, a banner celebrating diversity and secular symbols of the season.
Alito could be called on to vote in the religious tea case with a new argument session, if justices are divided 4-4 when O'Connor leaves the court. Her votes only count in cases decided while she is still on the bench. This case could take months to decide.
"It's not clear how he would rule," said Anthony Picarello, president of The Becket Fund for Religious Liberty. "Normally religious freedom cases are tricky to predict. This one is especially tricky."
Bush administration lawyer Edwin Kneedler told justices that the drug not only violates a federal narcotics law, but a treaty in which the United States promised to block the importation of drugs including dimethyltryptamine, also known as DMT. The hoasca tea had been imported from Brazil.
He said other countries could back off the international war-on-drugs, citing lax U.S. enforcement of the treaty. Kneedler noted that the peyote used by Native Americans is grown in America and used here.
The herbal hoasca brew is used in communion by the church, which has a blend of Christian beliefs and South American traditions.
Members believe they can understand God only by drinking the tea, which is consumed twice a month at four-hour ceremonies.
The Supreme Court argument was lively, with the new chief justice a particularly active questioner. Roberts asked tough questions of both sides. He suggested that the Bush administration was demanding too much, a "zero tolerance approach."
Church members want "just the right to practice their religious faith as Congress guaranteed," said Nancy Hollander, the lawyer for the church that has a congregation in Santa Fe, N.M.
Justice Ruth Bader Ginsburg suggested that justices could send the case back to a lower court without a ruling, because the case is not final. The appeal involves an injunction the church received to allow the tea. No trial has been held yet.
The case is Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal, 04-1084.
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When is a church a church? Who's the dude that koolaided a bunch of people to death? That was a church, yes? What about Waco?
The peyote case was BOTH nation and ceremony. This is a little different. We allow witchcraft but don't allow hanging witches.
Why couldn't they simply be using, say, a coffee with a generous helping of rum or cognac? It would help them to understand God just as well, if not better [depending of the dose, of course].
After the recent Raich case, I'd love to see someone seriously juxtapose those two cases.
First of all I don't see any reason to believe this is a religion made up just as an excuse to use drugs. As is said in this article
Never mind the vomiting. For members of O Centro Espirita Beneficiente Uniao do Vegetal, drinking ayahuasca, a foul-tasting psychedelic tea brewed from two Amazonian plants, involves four hours of recitation, chanting, questions and answers, and religious instruction.The peyote case was BOTH nation and ceremony. This is a little different. We allow witchcraft but don't allow hanging witches.That may help explain why the church has only 130 or so followers in the U.S., despite the drug trips at the center of its rituals.
What nation has to do with it I do not know, but the fact is that the federal government changed the law with the Religious Freedom Restoration Act to allow just this sort of thing. The act, while passed to allow Native Americans to use peyote in religious ritual, is not restricted to peyote. Here is the important part of it.
SEC. 3. FREE EXERCISE OF RELIGION PROTECTED.(a) In General: Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b).
(b) Exception: Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person--
(1) is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that compelling governmental interest.
Is this tea poisonous at the dosages ceremonially consumed? If not, what's your point?
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