Supreme Court Case Pits Religion Against Drug Laws November 2, 2005
News Summary
The U.S. Supreme Court could soon rule on whether drug use is a protected part of the practice of certain religions, the Christian Science Monitor reported Oct. 31.The high court is set to hear arguments on the limits of the 1993 Religious Freedom Restoration Act, which curtails the government's ability to restrict religious practices without justification. The case before the court involves a New Mexico religious group that has use of a hallucinogenic tea at the center of its ceremonies.
Supporters say that the rite is similar to Catholics' use of sacramental wine; opponents argue that the ceremony violates the U.S. Controlled Substance Act. DEA agents seized the sect's supply of sacred tea, sparking legal action; two lower courts have upheld the Brazilian-based church's right to use the tea, citing the 1993 law.
The case is seen as having broader implications about the ability of government to control religious practices. The Bush administration is arguing that the drug laws, based on public-safety concerns, should supersede religious practices in this case. "Religious motivation does not change the science," Solicitor General Paul Clement told the Supreme Court.
But the 1993 law is broad in its scope, say supporters of the New Mexico church, and even creates an exemption for use of hallucinogenic peyote by Native Americans. "The government's successful accommodation of the sacramental use of peyote, also a Schedule I substance, belies its claim that such substances require a categorical ban, even for religious use," wrote attorney Nancy Hollander in her brief to the high court.
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