The Freedom of Religion Wins-
I Think
This one caught my attention today on the Associated Press:

Court Allows Church's Hallucinogenic Tea
By GINA HOLLAND Associated Press Writer

WASHINGTON (AP) -- A small branch of a South American religious sect may use hallucinogenic tea as part of a ritual intended to connect with God, a unanimous Supreme Court ruled Tuesday.

In its first religious freedom decision under Chief Justice John Roberts, the court said the government cannot hinder religious practices without proof of a "compelling" need to do so.

This issue, of course, has been around in various forms for a number of years showing up as Native American issues with peyote, for example. The question of religious rites (and rights) coming up against drug laws has some interesting implications. The Supreme Court agreed with the new Chief Justice writing the opinion for the unanimous court. (How many times will we see THAT!) Here's more:

Roberts, in writing the opinion for the court, said the government had failed to prove that federal drug laws should outweigh the Religious Freedom Restoration Act, which Congress passed in 1993 to prohibit burdening a person's exercise of religion.

The Bush administration had argued that the drug in the tea not only violates a federal narcotics law but a treaty in which the United States promised to block the importation of drugs including dimethyltryptamine, also known as DMT.

Religious leaders, ACLU, and others hailed the decision as right. Religious freedom is an essential part of who we are as a nation. We cannot stop that.

I am not sure where I stand on this. Fortunately the group is a "legitimate" group and not just a group of left-over hippies trying to get high. But I do foresee some group using this as a reason they should be allowed to smoke some weed, snort some coke, or shoot some meth. Which will only muddy the waters, I am sad to say.

In any case, congrats to the SCOTUS for making a unanimous decision. If you want to read it, it is is Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal, 04-1084. The Supreme Court is on the net.