Court to Review Religious Drug-Use Case April 19, 2005
News Summary
A decision to allow a New Mexico church to use a hallucinogenic tea in its religious ceremonies will be reviewed by the U.S. Supreme Court, the Associated Press reported April 19.Hoasca tea is banned under the U.S. Controlled Substances Act, but the 10th U.S. Circuit Court of Appeals ruled 8-5 in favor of the church in a case brought by the U.S. Justice Department. The Bush administration appealed that decision, saying the courts have a compelling interest in preventing the establishment of an illegal market for the drug.
The Supreme Court in 1990 ruled 6-3 against use of peyote in Native American religious ceremonies, with Justice Antonin Scalia writing for the majority, "We have never held that an individual's religious beliefs excuse him from compliance with an otherwise valid law prohibiting conduct that the state is free to regulate."
Lawyers for the O Centro Espirita Beneficiente Uniao do Vegetal church argued that the government has not shown that allowing the use of the tea would harm church members or lead to the establishment of an illegal market for hoasca.
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