Court Allows Church's Hallucinogenic Tea

[FreedomAngel82]

Link: http://news.yahoo.com/s/ap/20060221/ap_on_go_su_co/scotus_religious_tea;_ylt=AiWbq3zw.lmV3tMpZSF36vuyFz4D;_ylu=X3oDMTA5aHJvMDdwBHNlYwN5bmNhdA--

Snip: < WASHINGTON - 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 is a very important decision for minority religious freedom in this country," said lawyer John Boyd, who represents about 130 U.S. members of O Centro Espirita Beneficiente Uniao do Vegetal who live in New Mexico, California and Colorado.

The tea, which contains an illegal drug known as DMT, is considered sacred to members of the sect, which has a blend of Christian beliefs and South American traditions. Members believe they can understand God only by drinking the tea, which is consumed twice a month at four-hour ceremonies. >

[eggman67]

1. Sweet

Good decision, and the fact that it's unanimous is even better.

[FreedomAngel82]

2. So let me see

smoking pot bad but drinking tea with an illegal drug good?

[eggman67]

3. Maybe to them, not to me

Time to start a new religon. I don't indulge, but I'm not going to sit here with my Guinness and tell you you can't have yourself a bowl.

I want maximum freedom and this is a step in the right direction.

[UncleSepp]

4. It seems like a rational decision

Unless the goverment can demonstrate a compelling interest in allowing a First Amendment right to be curtailed in favor of enforcement of a lesser law, the Constitutional right to religious freedom prevails. There are already legal precedents for the use of hallucinogens in religious ritual that would otherwise not be allowed (such as the use of peyote). This is a fairly conservative decision, legally, so I'm not sure what the furore is here.

[FreedomAngel82]

5. They have a drug that's ILLEGAL in it

So they're allowed to have their tea but people can't have their pot? People are in jail because of pot.

[UncleSepp]

10. Yes.

The fight to make a drug legal that has been made illegal is a different legal fight than the one to allow an exception for religious use.

[eggman67]

16. Not to mention the communion wine exemption

during prohibition.

You are correct, of course, to say that it's two different arguments.

[misternormal]

11. Exactly...

The typical double standards...

[cascadiance]

6. What about those religious sects that have group sex, etc.

or have "religious" prostitution as part of their religion? Pass the plate for donations and ye shall receive "her gifts" to you... Would that not also be an important decision for religious freedom in this country too?

[FreedomAngel82]

7. That's right

I'd like to see them try that. Watch them get shot down. Or what about Native Americans who smoke pot?

[cascadiance]

8. I'm sure that Mormons will want to have marriage laws rewritten...

and if that works, then the big battle will come when someone wants to have gay marriage permitted as a "religious freedom" as well. What sort of battle royal will we have then! :)

[misternormal]

13. The laws of polygamy in the Mormon Church...

... were rewritten in the 1800's...

It is against church law to have more than one wife... If one does, one is excommunicated.

Anyone with more than one who wife claims to be a Mormon, is speaking an untruth.

[FreedomAngel82]

15. Oh yes!

So if they can have their religious tea with the illegal drug than gay couples should be able to marry. Just say it's for religious purposes! Hey that's what people should do with smoking pot and they get caught. ;)

[greyl]

9. The Native American Church of North America

is "allowed" to use peyote.

Peyote Shortage Strikes Native American Church

RELIGION
April 1995

Leaders in the Native American Church of North America are warning that the shortage of peyote, a sacrament used in worship, is reaching critical levels
http://www.ndsn.org/APRIL95/PEYOTE.html

Also:
http://www.peyote.net/archive/law.htm

[UncleSepp]

14. The principle that applies is about who is harmed

If the sex involved in the religion is consensual, it's already legal. If it's not consensual, it's not going to be legal. The comparison is only accurate on the surface.

[cascadiance]

19. But if some women get some arranged part of the tithe...

... then bingo, legalized prostitution! Prostitution after all, IS consensual in most cases.

[UncleSepp]

20. That would make a very interesting legal case

Logically, if it were an integral part of the religious practice, the higher law of religious freedom ought to win out over the lower laws regarding prostitution. If there were active groups practicing the Canaanite religions, those groups would find their religious practice restricted by anti-prostitution laws. In some religions, temple prostitutes were expected to offer sex for a token price to outsiders in order to uphold the principle of hospitality. In most, the prostitutes would be offering sex to others of the same religion. Therefore, the "harm" of allowing consensual religious prostitution would be contained within the religious community, in which it is not considered harm at all.

Incidentally, religious prostitution would be likely to involve men as well as women. In the example of the Canaanites, about half would have been male.

[eggman67]

18. Hell yeah

What church is that and where do I sign up :evilgrin:

[mdmc]

12. thank God!

:kick:

[Blue_In_AK]

17. Where do I sign up?

:evilgrin: :hippie: