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.
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.
The New Mexico case put the Bush administration in the unusual position of opposing religious groups, including the U.S. Conference of Catholic Bishops and the National Association of Evangelicals, both of which backed the church's tea use.
