Page:Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal.pdf/6

Rh Opinion of the Court

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No. 04–1084

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ALBERTO R. GONZALES, ATTORNEY GENERAL,

ET AL ., PETITIONERS v. O CENTRO ESPIRITA

BENEFICENTE UNIAO DO VEGETAL ET AL.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OFAPPEALS FOR THE TENTH CIRCUIT

[February 21, 2006]

delivered the opinion of the Court.

A religious sect with origins in the Amazon Rainforest receives communion by drinking a sacramental tea, brewed from plants unique to the region, that contains a hallucinogen regulated under the Controlled Substances Act by the Federal Government. The Government concedes that this practice is a sincere exercise of religion, but nonetheless sought to prohibit the small American branch of the sect from engaging in the practice, on the ground that the Controlled Substances Act bars all use of the hallucinogen. The sect sued to block enforcement against it of the ban on the sacramental tea, and moved for a preliminary injunction.

It relied on the Religious Freedom Restoration Act of 1993, which prohibits the Federal Government from substantially burdening a person's exercise of religion, unless the Government "demonstrates that application of the burden to the person" represents the least restrictive means of advancing a compelling interest. 42 U. S. C.