Higher Court Rulings Defending 1st Amendment Rights
NATIVE AMERICAN CHURCH
Higher Court Rulings
CENTRO ESPIRITA BENEFICENTE UNIAO DO VEGETAL (UDV) v. UNITED STATES – Unanimous Ruling, November 1, 2005
“The Supreme Court heard oral arguments November 1, 2005, and issued its opinion February 21, 2006, finding that the Government failed to meet its burden under RFRA that barring the substance served a compelling government interest.”
“The court also disagreed with the government’s central argument that the uniform application of the Controlled Substances Act (CSA) does not allow for exceptions for the substance in this case, as Native Americans are given exceptions to use Peyote, another Schedule I substance“
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STATE OF UTAH SUPREME COURT UNANIMOUS RULING, June 22, 2004 – State of Utah v. James W. Mooney, aka James W.B.E. Mooney, Linda T. Mooney, and Oklevueha Earthwalks Native American Church of Utah, Inc.,
“2 We therefore rule that the exemption is available to all members of the Native American Church“
“We hold that the federal Religious Peyote Exemption found at 21 C.F.R. 1307.31 has been incorporated into the Utah Controlled Substances Act”
“On its face, the federal regulation does not restrict the exemption to members of federally recognized tribes. We therefore rule that the exemption is available to all members of the Native American Church“
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UNITED STATES ATTORNEY GENERAL OFFICE – Memorandum to the Drug Enforcement Administration – 12/07/2000
“Our research has identified no religious organizations, other than the NAC, which would qualify for the exemption under these or similar procedural and substantive requirements. It seems unlikely, therefore, that in practice the peyote exemption need be expanded beyond an exemption for the NAC.”
“If, however, a group does appear which can establish that it is a bona fide religion in which the actual use of peyote is central to established religious beliefs, practices, dogmas, or rituals, your agency is obligated to accord it the exemption under the current statutory scheme.”
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