Bush Administration Loses Case Against Brazilian Church in the Supreme Court

Americans United for Separation of Church and State lauded Tuesday’s, February 21, U.S. Supreme Court decision barring the federal government from interfering with religious freedom.

The high court ruled unanimously that the government "failed to demonstrate" that it had a "compelling interest in barring" the sacramental use of a tea containing a hallucinogen regulated by federal drug laws.

Americans United joined with other religious and public interest groups to urge the justices to protect the religious liberty of O Centro Espí­rita Beneficente União do Vegetal, a Brazil-based religious group whose members ingest chá hoasca (hoasca tea) during ceremonies.

"Today’s action reaffirms the importance of religious liberty," said the Rev. Barry W. Lynn, executive director of Americans United. "Although this is a narrow decision, the justices reaffirmed that the federal government cannot interfere with religion without a compelling interest."

The ruling in Gonzales v. O Centro Espí­rita Beneficente União do Vegetal reaffirmed the 1993 federal Religious Freedom Restoration Act (RFRA), which bars the federal government from "substantially" burdening the free exercise of religion, unless it can prove a "compelling" interest in doing so.

In 1999, an American branch of O Centro Espí­rita Beneficente União do Vegetal sued the government for seizing shipments of the tea. Group members argued that the government had violated their religious liberty rights under RFRA.

In 2002, a U.S. district court agreed with the church, holding that the government did not prove that religious use of the tea is dangerous and that it had no "compelling interest" in barring its religious use.

In 2003 and 2004, the 10th U.S. Circuit Court of Appeals upheld the district court’s ruling. But the Bush administration asked the Supreme Court to overturn those rulings.

In today’s ruling, the high court agreed with the lower courts, saying that the religious group "effectively demonstrated that its sincere exercise of religion was substantially burdened," and the government failed to demonstrate that the application of the burden to the religious group "would, more likely than not, be justified by the asserted compelling interests."

The high court opinion, authored by Chief Justice John Roberts, noted that for many years federal drug laws have provided an exemption for use of peyote by the Native American Church.

Roberts acknowledged a difficult task for courts in determining when RFRA should trump other federal laws.

"But Congress has determined that courts should strike sensible balances, pursuant to a compelling interest test that requires the Government to address the particular practice at issue," Roberts wrote.

Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.

Tags:

You May Also Like

US Real-Estate Crisis Puts Big Dent on Brazil’s Wood Industry

Sales by the industry of Santa Catarina state in southern Brazil have accumulated a ...

Brazil’s Nuke Program Is Step Backward, Says Greenpeace

Greenpeace, one of the world’s best known NGOs, calls Brazil’s new uranium enrichment factory ...

Brazil Social Movements Want Planting of Eucalyptus Suspended

Brazilian organizations have requested that the planting of eucalyptus in the south region of ...

Arabs Arrive in Brazil Ready to Buy

Businessmen from five Arab countries are  participating since yesterday, in São Paulo, the largest business ...

Mango Growers from Bahia, Brazil, Find Buyers Overseas

Copefrul, the Brazilian Cooperative of Small Farmers of Fruit from Livramento and Surroundings, in ...

Brazil’s US$ 36 Billion Surplus Helps Markets

Brazilian and Latin American markets advanced, as investors reacted positively to a string of ...

We Love Chopin

In Brazilian politics today, it is not the rustic landowner from Bahia that rises ...

Bank of Brazil Has Over 30% of All Export Contracts in Brazil

Brazilian state-owned Bank of Brazil (BB) disclosed that it was responsible for 44% of ...

Brazil: Ten Years After Landless Massacre Gunmen Still Have the Last Word

On 17 April 1996, military police began clearing landless protesters from the PA-150 highway ...

Fed Chairman Refutes Brazil Saying US Measures Boost Global Economy

Federal Reserve chairman Ben Bernanke has defended the central bank’s measures to bolster the ...

WordPress database error: [Table './brazzil3_live/wp_wfHits' is marked as crashed and last (automatic?) repair failed]
SHOW FULL COLUMNS FROM `wp_wfHits`