Pubdate: Wed, 02 Nov 2005
Source: Charlotte Observer (NC)
Copyright: 2005 The Charlotte Observer
Contact:  http://www.charlotte.com/mld/observer/
Details: http://www.mapinc.org/media/78
Author: Gina Holland, Associated Press

COURT DISCUSSES HALLUCINOGENIC TEA CASE

Justices Debate Whether Church's Drink Violates Federal Drug Laws

WASHINGTON - The Supreme Court debated Tuesday whether to let a small
congregation in New Mexico worship with hallucinogenic tea, the first
religious freedom dispute under Chief Justice John Roberts.

Justice Sandra Day O'Connor seemed skeptical of the Bush
administration's claim that the tea can be banned, but she might not
be around to vote in the case.

About 130 members of a Brazil-based church have been in a long-running
dispute with federal agents who seized their tea in 1999.

The hoasca tea, which contains an illegal drug known as DMT, is
considered sacred to members of O Centro Espirita Beneficiente Uniao
do Vegetal.

The Bush administration contends the tea is not only illegal but
potentially dangerous.

The Supreme Court has dealt with religious drug cases before. Justices
ruled 15 years ago that states could criminalize the use of peyote by
American Indians. But Congress changed the law to allow the
sacramental use in tribal services of peyote, a bitter-tasting cactus
that includes the hallucinogen mescaline.

The justices seemed concerned by the government's claim that an
exception could be made for peyote, but not for hoasca tea.

The Supreme Court argument was lively, with the new chief justice a
particularly active questioner. Roberts suggested the Bush
administration was demanding too much, a "zero-tolerance approach."

Justice Ruth Bader Ginsburg suggested that justices could send the
case back to a lower court without a ruling because the case is not
final. The appeal involves an injunction the church received to allow
the tea. No trial has been held yet.

Also Tuesday, the court considered whether police tricked a Maryland
teenager into answering questions about a murder in a case that will
give authorities guidelines for dealing with suspects who demand to
see an attorney but then talk anyway.

Alito and Tea Case

The man nominated to replace the retiring Justice Sandra Day O'Connor,
Samuel Alito, has dealt with a variety of religion cases as an appeals
court judge.

Alito could be called on to vote in the religious tea case with a new
argument session, if justices are divided 4-4 when O'Connor leaves the
court. Her votes only count in cases decided while she is still on the
bench. This case could take months to decide. 
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