Newsbrief:
Bush
Administration
Appeals
Ruling
Allowing
Religious
Ayahuasca
Use
2/18/05
https://stopthedrugwar.org/chronicle-old/375/huascacase.shtml
In one of his first acts
as US Attorney General, Alberto Gonzales has asked the US Supreme Court
to overturn a
series of federal court rulings allowing a New Mexico church to use
an hallucinogenic tea known as ayahuasca in its rituals. Ayahuasca is both
illegal and potentially dangerous, the government argued.
In November, the full US
10th Circuit Court of Appeals in Denver upheld two previous rulings blocking
the federal government from interfering in the religious practices of the
US branch of the Brazilian church, the Union of the Vegetable (UDV). The
case began in 1999, when US Customs agents raided the church's US headquarters
in Santa Fe, NM, and seized 30 gallons of ayahuasca, a tea brewed from
two plants found in the Amazon. But Customs picked on the wrong people.
The US branch of the UDV is headed by Seagram's whiskey fortune heir Jeffrey
Bronfman, who promptly sued for relief claiming violations of the First
Amendment and the Religious Freedom Restoration Act. Bronfman and the church
have won every time in court on the issue.
In an early hint the Bush
administration was prepared to continue to fight the case, US Solicitor
General Paul Greenburg in early December asked for and won a temporary
injunction from the Supreme Court blocking the church from using its sacrament
until -- and if -- the
case made its way to the nation's highest court (The Supreme Court overturned that injunction two weeks later.). With his February
10 announcement, Gonzales has made it official.
In a filing seeking Supreme
Court review of the case, the Justice Department attacked the 10th Circuit's
ruling and reasoning. "The court's decision has mandated that the federal
government open the nation's borders to the importation, circulation and
usage of a mind-altering hallucinogen and threatens to inflict irreparable
harm on international cooperation in combating transnational narcotics
trafficking," the filing said.
If the high court agrees
to take the case, it will not be heard until the next term.
-- END --
Issue #375
-- 2/18/05
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Newsbrief:
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