The U.S. Supreme Court held oral arguments on Tuesday in a religious freedom case that could impact Native Americans.

The case involve the application of the Religious Freedom Restoration Act. The law was passed to protect members of the Native American Church who were prosecuted for using peyote and had lost their case before the high court.

O Centro Esp�rita Beneficiente Uni�o do Vegetal, a church based in New Mexico, is claiming the same sort of protection. The group, also known as UDV, uses a hallucinogenic tea that is brewed from a plant that grows in Brazil.

The Bush administration has tried to stop UDV from importing the plant but lost at the federal court and appellate court level. The Supreme Court refused to lift an injunction allowing the use of the tea.

According to news reports, several justices appeared to side with UDV. They said the government has not shown it has a "compelling interest" under the Religious Freedom Restoration Act to interfere with the church's practices.

Some Native American Church advocates have criticized the comparison to their religion and their use of peyote. Depending on how the court rules, the decision may or may not have an impact on Native rights.

"The two situations seem to be alike, peyote and this," Justice Ruth Bader Ginsburg said, The New York Times reported. "The problem of preferring one religious group over another arises once there is an exception."

Get the Story:
Supreme Court weighs use of hallucinogen in worship (AP 11/2)
Justices Weighing Narcotics Policy Against Needs of a Church (The New York Times 11/2)
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Top US court hears religious case (BBC 11/2)
Roberts, Supreme Court May Allow Religious Use of Hallucinogen (Bloomberg News 11/1)

UDV Decisions:
En Banc (November 12, 2004) | Panel (September 4, 2003) | Federal Judge (September 12, 2002)

Peyote Decision:
State of Utah v. Mooney (June 22, 2004) (7/12)

Relevant Links:
Uniao do Vegetal - http://www.udv.org.br
Ayahuasca - http://www.ayahuasca.com/

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