From Deseret News archives:

Ruling may affect Utah peyote case

Published: Wednesday, Feb. 22, 2006 9:25 a.m. MST
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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.

The church, O Centro Espirita Beneficiente Uniao Do Vegetal, argued that its members believe the ritualistic use of hoasca brings them closer to God. The church's U.S. branch is led by Jeffrey Bronfman, a second cousin of Warner Music Group Chairman Edgar Bronfman Jr.

The Religious Freedom Restoration Act says the federal government can't restrict religious activities except to meet a compelling interest. The law applied to the states as well until a 1997 Supreme Court decision that said that aspect was unconstitutional.

RFRA, as the law is known, was a response to a 1990 Supreme Court decision that said generally applicable laws in most cases need not make exceptions to accommodate church practices. That ruling limited the scope of the constitutional protection for religious freedom.

The high court Tuesday concluded the Justice Department hadn't met its burden under the 1993 law. The ruling upheld a decision by a Denver-based federal appeals court.

New Justice Samuel A. Alito Jr. didn't take part in the unanimous decision, which was argued Nov. 1, well before his Senate confirmation.

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UDV, as the church is known, mixes Christian theology and indigenous South American beliefs. Founded in 1961 by a rubber tapper, the religion has 8,000 members in Brazil. Its name translates to the Union of Plants Charitable Spiritual Center.

The case is Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal, 04-1084.


Contributing: Geoff Fattah, Deseret Morning News

E-mail: gstohr@bloomberg.net

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