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Ashcroft v. O Centro Espirita Beneficiente Uniao do Vegetal

Note Court order: "The application for a stay of injunction or, in the alternative, to recall and stay the mandate presented to Justice Breyer and by him referred to the Court is denied. The temporary stay entered December 1, 2004, is vacated."
 
IssueWhether, consistent with the First Amendment, the Religious Freedom Restoration Act, and other federal laws, the Drug Enforcement Administration and other government agencies can prohibit the sacramental use of a hallucinogenic tea by a New Mexico church.
Lower Court 10th Circuit
Lower Court Ruling First Amendment claim sustained
Opinion - Lower Court
O Centro Espirita Beneficiente Uniao do Vegetal v. Ashcroft (10th Cir., 2004)

O Centro Espirita Beneficiente Uniao do Vegetal v. Ashcroft (10th Cir., 2004) (en banc)

News
AP, "10th Circuit: Government can't halt church's use of tea" (11-15-04)

AP, "Church likely to prevail in dispute over hallucinogenic tea" (09-05-03)

Gina Holland (AP), "High Court Agrees to Block Religious Tea" (12-01-04)

Other
Christian Legal Society (amicus brief in 10th Cir.)

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