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Austin's Atheism Blog

By Austin Cline, About.com Guide to Atheism since 1998

Hallucinogenic Tea in Religious Ceremonies

Monday September 8, 2003
In another victory for the idea that religious believers deserve special rights not accorded to citizens who are not religious, a three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver has ruled that the Brazil-based O Centro Espirita Beneficiente Uniao do Vegetal church may continue to use a hallucinogenic tea because there was a strong likelihood that the group would be successful in arguing that such use by them is protected by the First Amendment and the Religious Freedom Restoration Act.

The First Amendment Center reports:

The panel majority agreed with the U.S. District Court in New Mexico that the Brazil-based O Centro Espirita Beneficiente Uniao do Vegetal church had "demonstrated a substantial likelihood of success" of winning an exemption for sacramental use of the tea, which contains a drug barred by the Controlled Substances Act. ... Hoasca tea, used in some religious ceremonies, is brewed from plants found only in the Amazon River Basin.

Now, if a religious group needs a substance as a part of their sacraments, there is a good argument for letting them use it. But at the same time, if there is really little danger is allowing such a use, then the argument for prohibiting all other uses is severely weakened. Once the government accepts that certain religious people can be trusted with something, it is discriminatory to then turn around and say that other religious people and all non-religious people cannot be trusted with it.

It is also ridiculous for the government to adopt a general position whereby religious people are granted special rights by virtue of their religious beliefs, rights which non-religious people are unable to take advantage of. Non-religious people should not be treated like second-class citizens. Religious people should not be accorded a special, privileged position in society. This violates the very basis of the concept of equal protection under the laws.

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