PEYOTE WAY CHURCH OF GOD, INC. v. THORNBURGH

No. 88-7039.

922 F.2d 1210 (1991)

PEYOTE WAY CHURCH OF GOD, INC., Plaintiff-Appellant, v. Richard THORNBURGH, Attorney General of the United States, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 6, 1991.


Attorney(s) appearing for the Case

Mary L. O'Connor, Jeffrey C. Glass, James K. Witcher, American Civil Liberties Union, Dallas, Tex., for plaintiff-appellant.

F. Browning Pipestem, Norman, Okl., for amicus — Kiowa and Comanche Chapters of the Native American Church.

John T. Bannon, Jr., Dept. of Justice, Crim. Div., Washington, D.C., for Thornburgh.

Charles A. Palmer, Asst. Atty. Gen., Gray & Becker, Austin, Tex., for Mattox.

Before CLARK, Chief Judge, REAVLEY and KING, Circuit Judges.


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...

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