Gonzales V. O Centro Espirita Beneficente Uniao Do Vegetal - Background

Background

In 1999, U. S. Customs agents seized over 30 gallons of hoasca (ayahuasca) tea which was shipped to the Santa Fe, New Mexico branch of the Brazil-based UDV; ayahuasca contains dimethyltryptamine, a Schedule I substance. While no charges were filed, the United States chapter, led by Seagram heir Jeffrey Bronfman, filed suit claiming that the seizure was an illegal violation of the church members' rights; they claimed their usage was permitted under the 1993 Religious Freedom Restoration Act, a law passed by Congress in direct response to the Employment Division v. Smith (1990) ruling, in which the Court ruled that unemployment benefits could be denied to two Native Americans fired for using Peyote.

In filing suit, the UDV sought a preliminary injunction preventing the federal government from barring their usage of hoasca; the New Mexico district court ruled in favor of the UDV; on appeal by the government, the Tenth Circuit Appeals Court upheld the previous ruling, which was then appealed to the Supreme Court.

As it worked its way through the appellate courts, the Supreme Court lifted a stay in December 2004 thereby permitting the church to use hoasca for their Christmas services.

Read more about this topic:  Gonzales V. O Centro Espirita Beneficente Uniao Do Vegetal

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