Court Allows Church's Hallucinogenic Tea

I got a feeling Roberts is going to be A-OK.

By GINA HOLLAND, Associated Press Writer

WASHINGTON - A small branch of a South American religious sect may use hallucinogenic tea as part of a ritual intended to connect with God, a unanimous Supreme Court ruled Tuesday.

In its first religious freedom decision under Chief Justice John Roberts, the court said the government cannot hinder religious practices without proof of a "compelling" need to do so.

This is a very important decision for minority religious freedom in this country," said lawyer John Boyd, who represents about 130 U.S. members of O Centro Espirita Beneficiente Uniao do Vegetal who live in New Mexico, California and Colorado.

The tea, which contains an illegal drug known as DMT, is considered sacred to members of the sect, which has a blend of Christian beliefs and South American traditions. Members believe they can understand God only by drinking the tea, which is consumed twice a month at four-hour ceremonies.

A trial judge found the government's evidence that the drug is harmful was equal in weight to information provided by the sect that said its method of use in tea is not.

Roberts, in writing the opinion for the court, said the government had failed to prove that federal drug laws should outweigh the Religious Freedom Restoration Act, which Congress passed in 1993 to prohibit burdening a person's exercise of religion.

The Bush administration had argued that the drug in the tea not only violates a federal narcotics law but a treaty in which the United States promised to block the importation of drugs including dimethyltryptamine, also known as DMT.

See Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal, 04-1084