Religious Freedom: Supreme Court to Decide Sacramental Ayahuasca Use Case 4/22/05

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In a case that pits the Religious Freedom Restoration Act against the Controlled Substances Act, the Supreme Court announced Monday it would hear the Justice Department's appeal of a series of federal court rulings that it cannot bar the US branch of a Brazilian religion from using the psychedelic Amazonian tea, ayahuasca, as a religious sacrament. The court agreed to review a November ruling by the 10th US Circuit Court of Appeals that held the US government cannot interfere with the Union of the Vegetable's (UDV) religious use of the tea despite its containing DMT, a controlled substance.

Jurema rootbark, a component of ayahuasca tea
courtesy Erowid
The Bush administration urged the high court to review the case, with Acting Solicitor General Paul Clement arguing in case filings that the earlier rulings effectively undermine the government's ability to wage the drug war. The drug laws must be enforced regardless of religious requests for accommodations, Clement wrote.

The UDV has picked up some unusual allies in its quest to use ayahuasca. In a friend of the court brief filed by the Christian Legal Society, Gregory Baylor wrote that trying to ban religious ayahuasca use was "tantamount to banning the wine served at a Roman Catholic mass." In passing the Religious Freedom Restoration Act, wrote Baylor and others, Congress intended to make religious freedom the top priority.

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Issue #383 -- 4/22/05

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Editorial: Now How Do You Feel? | Feature: House Conservatives Pushing Bill to "Fix" Sentencing, Increase Mandatory Minimums, Create New Drug Crimes | Feature: Canada Approves Sativex -- Natural Marijuana-Based Pharmaceutical to Be on Pharmacy Shelves by Summer | Britain Passes "Tough" New Drug Bill: Tougher Sentences, New Crimes, More Police Power | Announcement: DRCNet/Perry Fund Event to Feature US Rep. Jim McDermott, June 1 in Seattle | Weekly: This Week's Corrupt Cops Stories | Sentencing: South Carolina Bill to Equalize Crack, Powder Cocaine Penalties Moving | Religious Freedom: Supreme Court to Decide Sacramental Ayahuasca Use Case | On Campus: University of Colorado Students Pass Referendum Calling for Equality in Marijuana and Alcohol Penalties | Europe: ENCOD Offers Peace Pipe to European Union -- Literally | Asia: Malaysia Considering Drug Maintenance Programs? | Media Scan: Debra Saunders on Student Drug Testing, Brown University SSDP Opens Drug Resource Center | Weekly: This Week in History | SSDP T-Shirt and Flyer Design Contest | Online: Audio Web Chat with Dr. Andrew Weil | Weekly: The Reformer's Calendar


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