Ex Parte: Official Weblog of Harvard Federalist Society
Court rules religious liberty trumps drug war


The Supreme Court yesterday unanimously upheld the right of a small religious group, O Centro Espirita Beneficiente Uniao do Vegetal, to use a hallucinogenic tea as part of their religious ceremonies, despite the fact that the tea contains a banned hallucinogen.

The Bush administration had argued that there was a compelling governmental interest in prohibiting the use of the tea, but Chief Justice John Roberts, writing for the Court, concluded that the government had not demonstrated a compelling need to intervene in the religious practices, as required by the 1993 Religious Freedom Restoration Act.

So, just to recap the Supreme Court's recent drug war rulings: Banned substances for religious ceremonies? A-okay! (9-0 for) Banned substances for medical treatment? No Way! (6-3 against)

Perhaps Angel Raich & Diane Monson (plaintiffs in last year's disappointing Gonzales v. Raich) should develop a sincere religious belief in the healing properties of cannabis and incorporate cannabis use into their daily religious ceremonies...