Religious
Freedom:
Supreme
Court
to
Decide
Sacramental
Ayahuasca
Use
Case
4/22/05
https://stopthedrugwar.org/chronicle-old/383/ayahuasca.shtml
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.
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.
-- END --
Issue #383
-- 4/22/05
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Sentencing:
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Religious
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Supreme
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to
Decide
Sacramental
Ayahuasca
Use
Case
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