Gonzales vs. O Centro Espirita Beneficiente Uniao Do Vegetal

[laughingwillow]

I read in the paper this morning that this case comes before the new and improved U$ Supreme Court on the first of November. Sounds like an apealate court upheld the defendants right to possess an active sacrament for religious purposes.

I'll look for a link.

from the associated baptist press.....

Supreme Court agrees to hear case on religious use of hallucinogen
 
Date:    04/19/2005
Source:    05-35
 
By Robert Marus
WASHINGTON (ABP) -- The U.S. Supreme Court will decide whether a small band of adherents of an obscure Brazilian sect living in the United States have a religious right to import hallucinogenic tea for sacramental use.

The justices agreed April 18 to hear arguments in the case of the New Mexico congregation of the Uniao do Vegetal religion, which was established in Santa Fe in 1993. It is a branch of a Brazilian religion that blends elements of Christianity and native religions.

The federal government attempted to prevent followers of the sect from importing the elements of hoasca, a tea made from a plant that contains chemicals the government considers "controlled substances." Church members drink the tea as part of their worship rituals.

The congregation, known as the O Centro Espirita Beneficiente Uniao Do Vegetal, then sued the government. They claimed that the 1993 Religious Freedom Restoration Act prohibits federal officials from burdening the free exercise of their religion.

Lower federal courts stopped the government from banning the hoasca importation pending the outcome of a trial in an appeals court.

But the Supreme Court, in an unusual move, agreed to a Bush administration request to hear the case before it was decided in the Denver-based 10th U.S. Circuit Court of Appeals, which has already refused twice to lift the injunction.

Administration officials claim the government has a compelling interest in banning the importation of controlled substances, therefore meeting the high standard RFRA sets for federal imposition on religious practice.

But lawyers for the church point out that the government has allowed American Indian religious groups to smoke peyote, also considered a controlled substance, as part of religious rituals.

The justices will hear the case in their 2005-2006 session, which will begin in October. It is Gonzales et al. vs. O Centro Espirita etc., et al.

 lw

[TooStonedToType]

This case is complicated.  There are some links on FindLaw attempting to explain this.  

http://writ.corporate.findlaw.com/hamil ... 41118.html

The case is more about power plays between governement entities than religious freedom.  In the end, some good may come of it.

[laughingwillow]

Well, with Bush not remanding the case to the 10th on appeal, but sending directly to the supremes, (and therefore not following established proceedure,) I get the feeling that this case may also be a powerplay within the judicial branch. After all, the 10th circuit court has apparently all but admitted their bias TOWARD the religious practitioneers in this case. Interpreting the law seems to be the job of the judicial branch until the present administration disagrees with their rulings. Then they go searching for a home court advantage and a stacked court.

lw

[senorsalvia]

Interpreting the law seems to be the job of the judicial branch until the present administration disagrees with their rulings. Then they go searching for a home court advantage and a stacked court.

lw

=======================================================================  "ya got that right Willow:: Word!! :cry: -------------- sal

[Amomynous]

The case is more about power plays between governement entities than religious freedom.  In the end, some good may come of it.

It's possible (and we can always hope), but I wouldn't hold my breath. The Highest Court in the Land is high by name only, and they don't accept a case for review unless they believe that there is a serious chance of reversing the lower court's decision.

I pray for the sacred medicine.;;