History

Gonzales v . O Centro Espirita Beneficente Uniao do vegetalThis case is important because it upholds the long-standing philosophical system that First Amendment rights cannot be considerably burdened unless certain demand requirements ar to be proven by the political science Respondents atomic number 18 members of O Centro Espnrita Beneficente Uniao do Vegetal (UDV , a Christian gang whose members receive communion through hoasca , a sacramental tea leaf leaf made from two plants . One of these two is genus Psychotria viridis , which contains dimethyltryptamine (DMT , a h aloneucinogen . Under Schedule I of the Controlled Substances assure , DMT is a regulated substance . In 1999 , customs officials seized UDV s hoasca consignment and jeopardize them with prosecution . UDV then d for declaratory and injunctive musical a ccompaniment against the legality enforcement officials alleging a violation of their rights under the Religious granting immunity coming back Act of 1993 . The district court and the board of the judicial system of Appeals for the ordinal Circuit upheld the validity of the injunctionOn writ of certiorari , the Government conceded that the finish of the Controlled Substances Act would result in a substantial burden on UDV s exercise of their religion . It , provided , posited that the challenged application is the least repressive elbow room of furthering political interests . The governmental interests enumerated were : protecting UDV members health and caoutchouc , preventing the diversion of hoasca from the church to amateurish users , and complying with the 1971 United Nations Convention on Psychotropic Substances .

UDV , on other(a) hand , alleged that the application is violative of their RFRA rights and that such rule prohibits the Federal Government from applying laws which would substantially burden a somebody s free exercise of his religion even if the burden results from a rule of general applicabilityThe greet affirmed the injunction issued . It rule that the Government was not equal to meet the test of induce interest and that the rule was not the least restrictive means of furthering any governmental interestThe Respondents arguments are more persuasive because quelling of First Amendment Rights are presumed unconstitutional . These rights are fundamental and they cannot be treated lightly and be substantially burdened unless the Court is persuaded that the restricting authority has complied with all tests of constitutionality . And , in this case , the Government failed t o meet such burdenREFERENCEGonzales , lawyer General , Et Al . v . O Centro Espirita Beneficente Uniao Do Vegetal Et Al546 U . S (2006Gonzales v . O Centro Espirita Beneficente Uniao do Vegetal...If you lack to get a expert essay, order it on our website: OrderEssay.net

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