From Deseret News archives:

Ruling may affect Utah peyote case

Published: Wednesday, Feb. 22, 2006 9:25 a.m. MST
 |  E-MAIL | PRINT | FONT + - 
The U.S. Supreme Court, saying law enforcement goals in some cases must yield to religious rights, ruled Tuesday that the Bush administration can't block a New Mexico church from using a hallucinogenic tea.

Federal prosecutors in Utah were trying to determine what impact the ruling might have, if any, in the case of a Utah County couple charged with dealing peyote to members of their Native American church.

In Tuesday's 8-0 opinion written by Chief Justice John G. Roberts Jr., the court said the 1993 Religious Freedom Restoration Act protects the 130-member church, a branch of a Brazilian denomination, in its use of a tea known as hoasca.

Roberts, ruling in his first religious-freedom case, rejected the Bush administration's contention that only a categorical ban on the substance would adequately prevent abuse.

"The government's argument echoes the classic rejoinder of bureaucrats throughout history: If I make an exception for you, I'll have to make one for everybody, so no exceptions," Roberts wrote. He said Congress instead required "striking sensible balances between religious liberty and competing prior governmental interests."

Roberts said federal drug laws already make an exception that lets Native American tribes use peyote in religious ceremonies.

Story continues below
It is the use of peyote that is at the center of the Utah case involving James "Flaming Eagle" Mooney and his wife, Linda Mooney.

"We're looking at reviewing the Supreme Court decision, obviously in light of applicability to the Mooney case," said Melodie Rydalch, spokeswoman for the U.S. District Attorney for Utah, of Tuesday's ruling.

The Mooneys are leaders of the Oklevueha EarthWalks Native American Church of Utah in Benjamin, where they openly admit to administering peyote, a hallucinogenic cactus, to their followers as part of their rituals.

The husband and wife were arrested by federal agents and indicted last summer with multiple counts of distribution of peyote.

The indictments came after the couple fought for several years over state drug charges and ultimately prevailed when the Utah Supreme Court ruled their peyote use was legal under the Utah constitution.

Federal officials have claimed that Congress has limited peyote use to only members of a federally recognized Indian tribe. They allege James Mooney cannot prove he is a member of such a tribe and many of his followers cannot, either.

Calls to Mooney's home and to his attorneys, seeking comment, were not returned Tuesday.

Comments

You can be the first to comment on this story.

Image

James Mooney

previousnext

Latest comments

Credit Coug defense for win

has got to relax..trash talking is part of competing. It's a shame that the...

Cougars honor 1984 champs

Actually, BYU's 1984 National Championship trophy is anything but old and...

Hall mouths off about hate of Utah

I'm a Ute fan and will get on the wagon. I love our sports, hate our fans,...

RSL's Movsisyan departs

He has made a great contribution to RSL and to MLS. I also wish him well.

Hall mouths off about hate of Utah

Classless = Kyle calling an onside kick when up 50. It starts at the top and...

Woods cancels meeting with police

I've conducted business in Windermere- in fact these very same police refused...

Hall mouths off about hate of Utah

Doesn't it Utah?

Hall mouths off about hate of Utah

Recent polls show Max Hall's favorabilty ratings are soaring on the U campus....

If you have nothing to hide.........COME CLEAN. Your wife was probably...

Jamie Whittingham's story. I am disappointed that BYU has not issued any...

Advertisements