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PEYOTE WAY CHURCH OF GOD, INC. v. SMITH

No. 83-1587.

742 F.2d 193 (1984)

PEYOTE WAY CHURCH OF GOD, INC., Plaintiff-Appellant, v. William F. SMITH, Attorney General of the United States and Jim Mattox, Attorney General of the State of Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 24, 1984.

Attorney(s) appearing for the Case

Richard A. Allen, Raymond E. White, American Civ. Liberties Union, Dallas, Tex., for plaintiff-appellant.

Jim Mattox, Atty. Gen., Leslie A. Benitez, Charles A. Palmer, Asst. Attys. Gen., Austin, Tex., for defendants-appellees.

William F. Smith, Atty. Gen., John T. Bannon, Jr., U.S. Dept. of Justice, Crim. Div., Washington, D.C., for federal defendants.

Elizabeth S. Bernstein, Dept. of Justice, Window Rock, Ariz., for amicus curiae Navajo Nation.

Before BROWN, GEE, and RUBIN, Circuit Judges.

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...

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