SANTA FE, New Mexico - A Brazilian religious group is still trying to get an exemption to use hallucinogenic tea in its ceremonies, despite a federal judge's ruling that the group doesn't qualify for the same protection afforded American Indian groups.
Jeffrey Bronfman, president of O Centro Espirita Beneficiente Uniao do Vegetal, or UDV, sued the U.S. Department of Justice after the Customs Bureau and the Drug Enforcement Agency seized 30 gallons (114 liters) of hoasca tea from his Santa Fe office in 1999. No one was arrested in the raid.
UDV used to hold ceremonies near Bronfman's home southeast of Santa Fe, where members consumed the tea that contains N.N. dimethyltryptamine, or DMT, a controlled substance.
In a motion for a preliminary injunction filed last year, UDV's attorneys argued that UDV is entitled to the same religious equal protection the Native American Church has to use peyote, which contains the hallucinogen mescaline, another controlled substance.
Three branches of the Native American Church subsequently sought to intervene in the case to object to that motion.
Native American Church lawyers C. Bryant Rogers and David Gomez of Santa Fe wrote that UDV is "badly distorting and misrepresenting ... the nature, legal history and status of the Native American Church.
U.S. District Judge James Parker earlier this year struck down the church branches' request to intervene, but at the same time substantiated their objections.
The UDV's motion "should be denied as to their Equal Protection claim," Parker wrote. "This Court notes, however, that ... the Plaintiffs may wish to pursue a claim that the government has impermissibly targeted the UDV in particular for prosecution."
UDV attorney John Boyd said this week he is waiting for another ruling by Parker on other grounds for issuing a preliminary injunction.
"This is not the end of the road by any means," he said. "What the judge is saying is he's ruling against us on this ground ... He's still considering the remaining grounds."
Charles Miller, a spokesman for the Department of Justice in Washington, said Judge Parker has yet to rule on UDV's motion for an exemption based on the Religious Freedom Restoration Act.
"There was a kind of a split decision on that case, so we really don't know if the preliminary injunction is going to be granted or denied until he actually issues the second part of his ruling," Miller said. "So we're really waiting for the judge."