Legal Opinion
Peyote Way Church of God, Inc. v. William F. Smith, Attorney General of the United States and Jim Mattox, Attorney General of the State of Texas
Court of Appeals for the Fifth Circuit
Decided September 24, 1984No. 83-1587PublishedCited by 27 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
Under both federal and Texas law, the possession or distribution of peyote is a criminal act. The Peyote Way Church of God, Inc. (“the Church”) seeks a declaration that these statutes are unconstitutional because they deny it freedom of religion, infringe the equal protection clause by denying to it the exemption accorded to members of the Native American Church, and deny it due process by making an arbitrary distinction between it and the Native American Church. By summary judgment, the district court upheld the constitutionality of both federal and state…
2Cases cited37 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Cantwell v. ConnecticutSupreme Court of the United States · 1940
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
- Wisconsin v. YoderSupreme Court of the United States · 1972
32 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Wilbur Toledo, Plaintiff-Appellant/cross-Appellee v. Nobel-Sysco, Inc., Defendant-Appellee/cross-AppellantCourt of Appeals for the Tenth Circuit · 1989
- Carl Eric Olsen v. Drug Enforcement Administration, Carl Eric Olsen v. John Lawn, Administrator, Drug Enforcement AdministrationCourt of Appeals for the D.C. Circuit · 1989
- Eldredge v. Martin Marietta Corp.Court of Appeals for the Fifth Circuit · 2000
- Peyote Way Church of God, Inc. v. Richard Thornburgh, Attorney General of the United StatesCourt of Appeals for the Fifth Circuit · 1991
- State v. PeckCourt of Appeals of Wisconsin · 1988
22 more not listed; retrieve them via the Exa API.