20050419-1039
Posted by Luke Schierer under Uncategorized | Permalink | | Leave A Comment
Some time ago, I first noticed a case in which a New Mexico church is being baned from using a hallucinogenic tea “sacramentally.” It is in the news again, with articles in the BBC, and in the CS Monitor (and others, but these are the two best articles I see). I find that it is being looked at now because of the Religious Freedom Restoration Act of 1993 which ordered the courts to look harder at religious exemptions to laws that are otherwise general in application, something that the Supreme Court restricted rather significantly in a 1990 decision. When last I noted this, I wrote the following:
Also in today’s news, religious freedom is under attack, though subtly. FindLaw documents the story, in which a New Mexico church is being blocked by the Feds from using some weird hallucinogenic tea. What is the big deal you ask? Surely we do not want people using hallucinogens right? Well, yes, but at what cost are we stopping them? In a rather unlikely scenario, say prohibition comes back and we sub out hallucinogenic tea with wine. Now back in the days of prohibition, we had a stronger sense of religious freedom, so churches everywhere had a dispensation, and were allowed to purchase and distribute wine for use in Mass. But under this sort of precedent, it would be all too easy to say “alcohol is dangerous” and prevent, or at least make illegal, the Mass. Precedent is always dangerous to create you see. You never know how it will be used.
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[...] Just as I was concerned to see a New Mexico church banned from the sacramental use of a hallucinogenic tea,[2] not because I support the use of hallucinogens, but because I see the parallels between this and prohibition, I am concerned about this action in Britain. Recall that in Canada,[3] Sweden,[4] and Australia (though I cannot find the reference for that one) all have laws on the books that would potentially classify any priest who gives a homily declaring homosexuality to be wrong as “fomenting extremism” (though of a different type), and thus put his parish at risk of being forcibly closed.[5] Though the application of this new United Kingdom law may for now be limited to the closing of mosques that promote terrorism, using the law in this way will create legitimizing precedent should the state (of Britain) ever choose to target Catholics (again). For this reason, this law is to be feared. [1] Sullivan, Kevin and Fred Barbash. “Blair to Institute New Deportation Measures” Washington Post (online) 2005-08-05. http://www.washingtonpost.com/wp-dyn/content/article/2005/08/05/AR2005080500477_pf.html [2] Schierer, Luke. “20050419-1039″ Random Unfinished Thoughts 2005-04-19. http://www.schierer.org/~luke/log/20050419-1039/20050419-1039 [3] Weatherbe, Steve. “With New Law, Is Christianity Hate Speech in Canada?” National Catholic Register (online) 2004-05-16. http://www.ncregister.com/archive/May/0516lead3.htm [4] Robinson, B. A. “HATE SPEECH LEGISLATION IN SWEDEN” Religious Tolerance.org 2005-01-09. http://www.religioustolerance.org/hom_hat8.htm [5] I think there are examples of priests being prosecuted under the Canadian law from sometime in the last year or so, but I cannot find them now. The sites I have found state that religious speech is exempted in the Canadian bill. [...]