From Deseret News archives:
Ruling may affect Utah peyote case
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.
"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
- Bills beat Dolphins 3:02 p.m.
- Redman leads Falcons to victory 3:01 p.m.
- Eagles rally for another late win 2:52 p.m.
- 4 police officers shot dead in Wash. 2:47 p.m.
- Bengals run over Browns 2:43 p.m.
- Seattle makes it 10 in row over Rams 2:37 p.m.
- Colts remain perfect with win 2:31 p.m.
- The joy of a baby's love 2:26 p.m.
- Holiday shopping mildly encouraging 2:17 p.m.
- Woods cancels meeting with police 2:09 p.m.
- Hall mouths off about hate of Utah
- BYU is champion of the state
- Cougars beat Utes in overtime
- Credit Coug defense for win
- Field goals, penalties doomed Utes
- Cougar defense rose to occasion
- Marriage definitions vary widely
- Jones' joy for life remembered
- Cave to be sealed with body inside
- Banged up Jazz get best of Blazers
- Hall mouths off about hate of Utah
625 - Cougars beat Utes in overtime
458 - Thunder rolls by Jazz
136 - BYU is champion of the state
119 - Man trapped in Nutty Putty cave dies
117 - Cave to be sealed with body inside
115 - Editorial: Poor welcome for Palin
113 - Rivalry Week is highly profane
89 - Hall's legacy measured today
77 - Y. focused on 10-win season
73
I wanted to tell them not to go. I dropped subtle hints. "My money is on...
When I was a kid, I worshipped my grandpa. He was undoubtedly my hero....
has got to relax..trash talking is part of competing. It's a shame that the...
Actually, BYU's 1984 National Championship trophy is anything but old and...
I'm a Ute fan and will get on the wagon. I love our sports, hate our fans,...
He has made a great contribution to RSL and to MLS. I also wish him well.
Classless = Kyle calling an onside kick when up 50. It starts at the top and...
I've conducted business in Windermere- in fact these very same police refused...
Doesn't it 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...




You can be the first to comment on this story.