Legal Opinion

Peyote Way Church of God, Inc. v. Richard Thornburgh, Attorney General of the United States

Court of Appeals for the Fifth Circuit

Decided February 6, 1991No. 88-7039PublishedCited by 46 opinions

1Opinion of the Court

REAVLEY, Circuit Judge:

The Peyote Way Church of God, Inc. (Peyote Way) sued for a declaratory judgment that federal and Texas laws prohibiting peyote possession by all except members of the Native American Church of North America (NAC) are unconstitutional. Peyote Way also requested that the district court enjoin the defendants, the Attorneys General of Texas and the United States, from enforcing the peyote prohibition laws against it or its members. The district court upheld the constitutionality of the federal and state laws challenged by Peyote Way. On appeal, Peyote Way challenges the…

2Cases cited31 opinions

  1. Sherbert v. VernerSupreme Court of the United States · 1963
  2. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
  3. Bolling v. SharpeSupreme Court of the United States · 1954
  4. Morton v. MancariSupreme Court of the United States · 1974
  5. Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978

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3Cited by46 opinions

  1. Syed Hassan v. City of New YorkCourt of Appeals for the Third Circuit · 2015
  2. United States v. HardmanCourt of Appeals for the Tenth Circuit · 2002
  3. Samaad v. City of DallasCourt of Appeals for the Fifth Circuit · 1991
  4. Qutb v. StraussCourt of Appeals for the Fifth Circuit · 1993
  5. United States v. Lot 5, Fox Grove, Alachua County, FloridaCourt of Appeals for the Eleventh Circuit · 1994

41 more not listed; retrieve them via the Exa API.

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