Monday, October 31, 2005

O Centro Case Scheduled For Supreme Court Argument Tomorrow

Tomorrow is the day for oral arguments in the case of Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal. Over the weekend, the Christian Science Monitor summarized the issues at stake, as the court considers the application of the Religious Freedom Restoration Act to the use of controlled substances in religious ceremonies. Here is the Monitor's summary of the case:

The case involves a religious sect of 130 members based in New Mexico. The group, adherents of the Brazil-based religion UDV, believes the use of sacramental tea in its ceremonies helps them connect with God. Consumption of the tea is the central ritual act of their faith.... The problem is that the tea, made from two sacred plants found in the Amazon region of Brazil, contains a hallucinogenic substance banned in the US. When US narcotics agents discovered this, they confiscated the group's supply of the sacramental tea... and barred them from importing any more from Brazil. The group sued, claiming the government was infringing on their religious rights.... A federal judge and federal appeals court agreed... and issued a preliminary injunction against the government. The court ordered the government to accommodate the UDV members by allowing them a religious exemption from the drug laws. The courts ruled that such actions were necessary under RFRA.

An important question will be the scope of the issues the Court actually decides in its ultimate opinion. (See prior posting.) Also, the government's reply brief is now available online. [Thanks to SCOTUS blog for the link.]