Sunday, March 2, 2025

Faith, Freedom, and Fungi: The Legal Battle Over Psychedelic Sacraments

     A Utah federal district court granted a preliminary injunction preventing law enforcement from interfering with the religious use of psilocybin or hallucinogenic mushrooms by members of the Singularism Church. They are a newly established small minority faith group. The ruling mandated the return of all confiscated religious items, marking a significant victory for the religious plaintiff group. The court found that the Utah Controlled Substance Act substantially burdened the Singularism group from their sincere religious exercise and that the state failed to justify its actions under the strict scrutiny standard by Utah's Religious Freedom Restoration Act (RFRA). The case of Jensen v. Utah County has raised some profound questions about religious liberty protections. This case allows exploring the broader implications for the protection of religious freedom and psychedelic drugs.

At the heart of the Jensen v. Utah County case is the Free Exercise Clause of the First Amendment, an individual's right to practice their religion without government interference. In the Singularism Church, it is believed that the use of psilocybin as a sacrament to write their own scripture and embark on spiritual journeys. The state of Utah tried to enforce its Controlled Substance Act against this spiritual group, categorically prohibiting their religious use of psychedelic drugs. Bridger Jensen (the plaintiff) argued that this kind of enforcement substantially burdened the church and their religious exercise, violating both the First Amendment and Utah's RFRA, which provides enhanced legal protections for spiritual practice. The court ruled in favor of Bridger Jensen. They emphasized that the practices of the Singularism Church were sincere religious expressions. This ruling ignored the government's point that Singularism lacked a central doctrine that weakened its claim to be a religion. However, the court emphasized that they have no right to judge a religion because it is not what they believe in. Religions can encompass a wide variety of spiritual experiences.

The ruling begins to build upon a larger legal subject of trying to protect religious practice from government interference. The Supreme Court's decision in Employment Division v. Smith (1990) ruled that generally neutral laws do not violate the Free Exercise Clause even if they incidentally burden religious practices. However, the backlash from this case led to the enactment of the federal Religious Freedom Restoration Act (RFRA) in 1993, leading to a stricter standard. This law required that any substantial burdens on religious exercise must serve a compelling government interest and take the least restrictive means.

Although the Supreme Court later limited the RFRA's applicability to federal laws in City of Boerne v. Flores (1997), many states enacted their own versions of the RFRA to ensure the protections were heightened for religious liberty. The reasoning in the Jensen case came from Utah's law enforcement failure to meet the strict scrutiny standard and justify why they placed this burden on Singularism's religious exercise.

The Jensen v. Utah County decision has significant ramifications for American drug policy and religious freedom. First, it emphasizes the importance of applying religious liberty laws fairly, regardless of how strange or contentious a group's ideas may appear. Emerging religious movements that use psychedelics should be given the same legal protection under the RFRA as long-standing religious traditions, such as Native American Church peyote rituals.

Second, the case adds to the continuing legal controversy surrounding the use of psychedelic drugs for therapeutic and religious purposes. As the potential mental health advantages of medicines like psilocybin are increasingly recognized by science, courts may be asked to decide cases where drug laws conflict with claims made by religious or medical groups. According to Jensen, in jurisdictions with strong RFRA safeguards, broad bans on controlled substances that do not consider sincere religious beliefs may not pass constitutional muster.

The court's ruling is a well-reasoned defense of religious freedom despite complex policy issues. This decision has raised the question regarding the possibility of abuse even if it is correctly defending the Singularism's religious liberty in this specific situation. Could nonreligious people create a fake religious group to take advantage of the privileges to allow the use of drugs? The sincerity of Singularism's beliefs was closely examined. For future instances, however, this might create a slippery slope and pose more unclear circumstances that make it difficult for judges to distinguish between legitimate religious practices and taking advantage of legal tactics. 

Jensen v Utah County upholds the Free Exercise Clause by declaring the idea that religious liberties are not always like the "traditional" faith. But it also brings up a generalized issue of the boundaries with religious tolerance and the government's control over them, especially restricted substances. Cases like Jensen's could be a stepping stone for future Supreme Court rulings on the balance between religious freedom and the role of drugs as the environment surrounding psychedelics changes. The courts must continue to protect the minority's rights from majority tyranny, especially when the issue at hand conflicts with social norms. 


Sources: 

https://religionclause.blogspot.com/2025/02/utah-rfra-protects-psilocybin-using.html

https://www.documentcloud.org/documents/25545986-jensen-v-utah-county/

https://singularism.org/

https://www.indystar.com/story/news/2018/07/07/first-church-cannabis-loses-lawsuit-marion-circuit-court/764407002/

https://law.justia.com/cases/federal/district-courts/utah/utdce/2:2024cv00887/152420/56/

10 comments:

Alyssa Z said...

I agree with the ruling because it upholds religious liberty protections fairly, ensuring that uncommon or minority religions receive the same legal recognition as established religions. The court rightly emphasized that the government has no authority to judge the legitimacy of religious beliefs, reinforcing the principles of the Free Exercise Clause and what Jefferson and Madison had intended. However, the case raises valid concerns about potential abuse. Could individuals form insincere religious groups to bypass drug laws? It is hard to judge the sincerity of religion since this could cause minority regions to receive unfair rulings; however, if you willingly commit a crime, you should have to reap the consequences.

Kelsey A. said...

I also agree with the ruling because it protects the religious rights of a minority to freely exercise their religion. In the case of United States v. Ballard, Ballard who had organized a religious group claiming that he had healing powers, had been convicted for using mail to defraud the public. The court ruled that by convicting him, he was denied the right to freely exercise his religion, stating that though his religious convictions seemed fake, the court did not have the authority to discredit its sincerity and veracity. Similarly, in this case, the court does not have the authority to judge the legitimacy of Madison and Jefferson's religious beliefs. Though they may seem false and illegitimate, they cannot judge their legitimacy, as that would be violating their right to freely exercise their religion.

Natalie H said...

I agree with everyone above and the ruling. Government in its neutrality should not have judgement in whether a religion is sincere or truthful at its heart. Going off Kelsey's point about US v. Ballard which emphasizes that the court cannot deem a religion not sincere or truthful because beliefs are not all understood. This outcome applies directly to his scenario, how can the court determine the sincerity of the Singularism Church and their use of psychedelic drugs for their beliefs. While I see the implications of the use of these drugs, they have the right to exercise these beliefs within the church. Creating an opinion on their legitimacy would be a violation of their free exercise of religion.

Luke C said...
This comment has been removed by the author.
Luke C said...

To me, the court got it right in Jensen v. Utah County. Religious liberty protections shouldn’t be limited to traditional faiths - Singularism’s use of psilocybin, though unconventional, is a sincere religious practice deserving of protection under the Free Exercise Clause and Utah’s RFRA.

Like we have referenced both in class and in previous blog posts, the government should not be able to determine whether a persons religious conviction is sincere or not. The state's argument that Singularism isn’t a “real” religion is weak, and Courts have no business deciding what qualifies as legitimate faith.

While concerns about potential abuse and "work-arounds" exist, that’s no reason to deny genuine religious groups their rights. In my eyes, Courts should assess sincerity carefully but not impose broad bans on nontraditional practices. Because of this, Jensen rightly reinforces (in my opinion) that religious freedom applies to all faiths, not just those society deems acceptable.

Emma K. said...

I agree with the court in this case as well. Freedom to exercise religion must extend to all religious groups despite what the majority or court personally believes. Further, it is especially important to protect minority religious groups through the courts since the legislature typically reflects the will of the majority. Also, the court does not have to power to judge religious actions if they are sincere, as the Singularism Church was found to be, so the use of drugs for religious purposes was rightfully decided to be permissible in this case.

Sam D said...

I also agree with the courts ruling and that prohibiting the Singularism minority religion from using psychedelics for religious purposes violates the Free Exercise Clause. When discussing whether or not a court should determine a religion's sincerity, I think cases like these present an opportunity to draw a line for which religions should be validated. If the court determines this religion is sincere and not a bunch of drug addicts, then they should have the right to practice their religion. However, if the followers of this religion were doing heroin or something much worse, there could be a lack of sincerity factor or a reason to intervene to keep good societal order. Psilocybin itself is an extensively researched psychedelic and is used to treat military veterans who suffer from PTSD in other countries. This court case presents an opportunity to protect U.S. citizens' constitutional rights, as well as open possibilities for psychedelic treatment in the U.S.

Fehr G said...

I agree with the court ruling and Jordan's opinion. It protects religious minorities from being subject to government interpretations of the validity and sincerity of religious practices. Additionally, the states interest in preventing the actions of Singlularism, which seem to rest on preventing the misuse and spread of psychedelic drugs, is weakened by the fact that the benefits of using psychedelic drugs are recognized more by science. However, this case brings me back to the beginning of the semester with the Church of Cannabis. I saw that situation as a gateway to justify the legal use of Cannabis and not the religion being truly sincere. Unlike the Church of Cannabis though, I see the sincerity of the religion appearing in the fact that it is believed that the use of psilocybin as a sacrament to write their own scripture and embark on spiritual journeys. However, despite whether or not a religion is sincere, I do not think it is for the government to decide sincerity.

Bella Kowalski said...

I agree with the majority on this one as although it may seem unorthodox to most, the free exercise clause protects against the discrimination against minority religions, making it justifiable to legalize the use of psilocybin. There is no way for the government to determine whether this religion is sincere or not, and it would be unjust for them to try under their own guides.

Bella Kowalski said...

Although some might argue that this may further the lines in which illegal drugs can be used in religious sacraments, it would be dangerous not to allow psilocybin in these practices as they are such a vital part to the processes in this religion.