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The Supreme Court's decision in Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal prohibiting the government from restricting a religious sect's use of hallucogenic tea shows the court is headed towards protecting religious liberties.
With a ruling that could have significant implications for the future of church-and-state relations in this country, the newly-realigned U.S. Supreme Court has suggested that religious liberty may, after all, be its constitutional cup of tea.
In the case of Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, the court ruled unanimously last month that the federal government could not arbitrarily prohibit a small religious sect from using a hallucinogenic tea in its sacraments. In addition, the state would have to produce sufficient evidence showing that the group's violation of an otherwise generally-applicable law (the Controlled Substances Act) overrides their freedom to worship as they see fit.
To be fair, the court is not endorsing hallucinogenics and did not suggest that government enforcement won't eventually carry the day. It merely required that the government make a legally compelling case. But that in itself marks one of the warmest receptions that proponents of religious liberty have gotten from the high court in the last 15 years.
Over those two decades, the growing nationwide infatuation with self-entitlement and victimization, and the resulting surfeit of so-called "non-discrimination" laws aimed at enforcing politically-correct attitudes on the populace, has put more and more individual citizens - especially those of faith - on a collision course with their own government.
What, after all, is one to do if his deepest moral convictions run counter to the prevailing cultural winds - and the tenor of the courts is tuned to the activists' key? Can the state force you to aid, abet, or accommodate activities that you find offensive, or - worse - that you consider spiritually self-destructive for all involved? If the government compels you to legally embrace what you find morally repellant …do you still have the right to "just say ‘no'"?
For beleaguered men, women, and children all over America, these are increasingly serious questions. God-fearing citizens who ask nothing more than the freedom to stand by their own conscience find themselves experiencing what George Will once called "history from the receiving end":
- In Alaska, a landlord refused to rent out an apartment to a young couple who weren't married. The landlord was cited for marital status discrimination, and sued.
- In Minnesota, the owner of a bridal shop balked at selling one of her gowns to a lesbian couple planning a ceremony she considered a sin. They sued, too.
- In Kentucky, a judge has ruled that children can't opt out of "diversity training" in their public school…so they're required to take time out from the reading, writing, and ‘rithmetic for indoctrination in homosexual behavior.
- In California, a gynecologist demurred when asked to artificially inseminate one of the partners in a lesbian relationship, fearing for the future of a child raised in a homosexual environment. The partners filed suit to force the doctor to comply with their request.
- In Virginia and Florida, the owners of two local print shops refused to print materials promoting, respectively, homosexual activities and the Wiccan religion. Both the homosexual advocates and the witches found a basis to sue.
For people like these, the Gonzales decision is much more than a tempest in a teapot. It's a break of light on a dark legal horizon, and - coupled with the court's same-day decision to re-hear the case against partial-birth abortion - unmistakable evidence that the highest limb of the judicial branch may be retracing its own constitutional roots…and rediscovering its conscience.
In a day when fast-growing governments are finding increasingly intrusive ways to pervade the private lives of their citizens, it's more crucial than ever that the courts defend the most basic rights of all Americans, and especially their freedom to worship and believe. Lashed by the academes and the media and yes, even the jurists of the Left, federal, state, and local governments are under increasing pressure to coerce their citizens into a single, politically-correct mindset. The depth and breadth of our religious liberties is perhaps the surest ongoing gauge of the triumph of freedom over the demands of leftist orthodoxy.
Yes, the sanctified swigging of hallucinogenic liquids may be a bit of an earl grey area, even for the religious groups most likely to benefit from this crucial ruling. And, obviously, the tea leaves are a little murky when it comes to foretelling the mind of a newly-reconfigured Supreme Court. But millions of Americans have been a long time praying for our courts to turn a kinder gaze on religious liberty cases.
And if the Gonzales decision is any indication … something good is finally brewing.
alan.sears@telladf.org
Visit their website at: http://alliancedefensefund.org
Responses to "To Religious Liberty Defendants, the New Court Offers Tea and Sympathy"
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What a Pandora's Box. Do conservatives really want religious beliefs to circumvent law? Where will the greater good be obtained when dual mates, underage sex, and homosexuality hide behind religious freedoms? The complicated issue with freedom of religion is that religion has no definition to a court. If praying to the moon is a religion to one person, it is recognized by the court. I agree with the goals and hopeful outcomes of this article, but the position of breaking the law under religious guidelines is a concept I do not embrase. Those situations cited in article need to be adressed by law, not religious freedoms to reach a desired outcome.
Comment by honker | April 6, 2006
Honker,
I agree with you so often as I read your posts that I am reluctant to disagree with you now. But I shall on one tiny point.
The laws of man have less authority than the laws of God. That is because God has granted authority to governments to make law.
That is my general position. Nevertheless, you know well what the first amendments says, that Congress shall make no law prohibiting the free exercise of religion. Congress, and the courts, violate this provision practically every day.
The question really is, can any and all behaviors be deemed religious in nature, simply because someone makes the claim? The answer is no. I think this is an entirely separate issue from religious liberty.
One defining criteria of religion is the pursuit of virtue. Virtue is not a moving target, although more and more people are trying to define all sorts of deviant behavior as virtuous. But the thing is, if society is moving in a direction counter to virtue, can we really cling to laws and supreme court decisions that recognize our historic moral roots? Do laws change the hearts of the lawless?
We should, of course, take a stand for virtue in all arenas, including the law. But the law is not our only line of defense, it's not even our first choice necessarily. You certainly have noticed the flawed reasoning and intellectual bankruptcy of the Left when it comes to morality. That's one place we can continue to poke and prod our culture. There are others.
The point is, we don't need to fight on the same battleground the Left is on. The drug use of some sect is no skin off my nose. The courts come and go, laws change, culture does whatever. But absolute, transcendent truth from our Creator is a sure foundation.
Comment by Rich S | April 6, 2006
I believe we have the same goal and hope of law and religious freedom. I believe the difference lies in our confidence in society. To paraphrase "laws of man have less authority than laws of God." This is true to the believer. This is not to the Pagan. "God has granted authority to government to make laws". I would correlate this statement to the belief that all things go through Christ, all events are pre-ordained, etc., etc. I believe we all have the "free-will" to accept or deny our belief in God. I do not believe we are pre-ordained to be saved or not. With this belief in mind I would logically conclude that God has not granted authority to government to make laws. This conclusion for me is simple, government is made of people who have free wills. It would be hard-pressed to find believers that believe abortion is granted by the authority of God. It is only granted by the authority of law. This is where I would take a step in your direction and conclude that legality does not represent morality. Which raises the key point in the article and this discussion, will courts recognize religion when morality is jeopordized? I believe that courts will be all-inclusive when morality is concerned, which is the same as saying virtue will not be considered. This brings full-circle my point to article,
"If the saved does not need law to recognize and fulfill his faith, why would we want the pagan to use law to twist and contort religion in order to live out a non-virtueous lifestyle?"
I appreciate your kind comments to start your post, I look forward to reading more of yours.
Comment by honker | April 7, 2006