Question on Religious Freedom?

Question

Here in the US, we claim religious freedom. We can say that your freedom ends when it involves murder, rape or child molestation (can we agree) but what about things like smoking pot (Rastafarians) or eating Peyote (Navajo Indians) for religious purposes. Is it legal under the law of religious freedom?

EDIT:
What about Communion wine? Is that contributing to the deliquency of a minor if someone under 21 drinks the wine?

Ana - I'll fight for the Pastafarians to eat pasta. ;)

I thougt I had heard at some given time about the Rasta's - personally I have issue with the ruling

Answer 1

There was a case before the U.S. Supreme Court earlier this year that dealt with a small church in New Mexico and the U.S. government confiscating their "sacramental tea" that they imported from Brazil. The tea contained a hallucinogen that made it a controlled substance. The court rules against the government in that case based on the Religious Freedom Restoration Act.

This does not mean you can start a new religion for the sole purpose of smoking pot or using other illegal drugs. It needs to be for sincere religious beliefs, not just "because you can".

Answer 2

It is illegal, says Wiki - "Then-Attorney General of the United States Janet Reno, however, though not a judge, ruled that Rastafari do not have the religious right to smoke ganja in violation of drug laws in the United States of America. The position is the same in the United Kingdom, where, in the Court of Appeal case of R. v. Taylor [2002] 1 Cr. App. R. 37, it was held that the UK's prohibition on cannabis use did not contravene the right to freedom of religion conferred under the European Convention of Human Rights and Fundamental Freedoms."

Communion wine does not violate any laws because it is in such a small amount. Additionally, most Protestant denominations use juice as aopposed to wine, so it's a moot point for them.

Answer 3

Not as long as the government classifies pot and Peyote as a narcotic. That law, unfortunately, supersedes religious reasons. As you've probably noticed, you can't use it for medical reasons either without a doctor's permission. The law is, after all, the law. :(
As far as the wine is concerned, if the parents are present and allow the communion wine to be consumed for specifically religious reasons, well, that's the exception that proves the rule! :) Drinking wine with meals by minors is widely acceptable in France. That doesn't say much for them though. lol

Answer 4

Actually, it is NOT illegal to let your child drink a little--as long as he/she is with the parent, and usually in the parent's home. A sip of wine at communion would probably fall under this category.

As far peyote or pot--I have no idea how they get around this.

Hopefully they won't ban pasta from the Pastafarians!!

Answer 5

Native americans and peyote:

http://www.lectlaw.com/files/drg25.htm

PUBLIC LAW 103-344 - OCT. 6, 1994
108 STAT. 3125 -- 103d Congress
Passed House 8/8/94 -- Passed Senate 9/26/94

AN ACT

TO AMEND THE AMERICAN INDIAN RELIGIOUS FREEDOM ACT TO PROVIDE FOR THE TRADITIONAL USE OF PEYOTE BY INDIANS FOR RELIGOUS PURPOSES, AND FOR OTHER PURPOSES.

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Rastafarian and cannabis:

http://www.cognitiveliberty.org/news/rfra_rasta.htm

In an opinion issued Tuesday by the U.S. Court of Appeals for the Ninth Circuit, some marijuana-using Rastafarians may be protected under a religious-freedom law passed by Congress in 1993.

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Santeria and animal sacrifices:

http://atheism.about.com/library/decisions/religion/bl_l_LukumiHialeah.htm

In 1993, the Court unanimously invalidated city ordinances outlawing animal sacrifices.

(drawn from the Atheism.about.com site because it was the only one taht gave a succinct summary, as opposed to legalese...)

Answer 6

The First Amendment does not guarantee you the right to do anything you want under the guise of religion. It's purpose is to guarantee that the law will not intentionally discriminate based on religion, either in favor of it, or against it.

In other words, you are free to excercise your religion to the extent it does not violate the law, and no law may be passed for the purpose of religious discrimination. If laws are passed for legitimate reasons that happen to result in restricting certain religious practices, it is the religious practices that must curb, not the law.

Of course, the number of laws that are still on the books even today that violate the First Amendment are nearly innumerable. About 20% of the entire legal code is devoted to satiating religious concerns with no legitimate secular purpose.

Answer 7

I'm in agreement with the Peyote, because that had been practiced long before Europeans ever came to this country. Therefore, it should remain in place.

I'm not at all familiar with the Rastafarians, so I can't comment.

Edit: Communion wine...I see no problem with it.

Answer 8

Doing those drugs here in the states is not legal even for them anymore. The govment MAY not raid the reservations, which technically are and arent part of the united states, but they could. If you are asking if I think they should be allowed to do that, sure, why not? It is their own lookout, and probably abused less than most illegal drugs in our cities and towns, and much less than alcohol. I know that some of the hilltribes in thailand smoke opium with the semi-permission of the govment. But i guess they are probably a litte more tolerant of others over there than here.

Answer 9

Peyote is legal on a number of reservations. As to Rastafarians, I'm not positive, but as it is an integral part of their religion, I'd imagine that they could claim it under religious practices.

Answer 10

It is okay for a child to take communion only if it is grape juice. But some churches use real wine. I would check out the church before I let the kids take but other wise it is okay because it is grape juice. Yes it does end when people do crimes against God.