Church of the Holy Light of the Queen v. Mukasey
OpenAlex – February 27, 2023
Source: OpenAlex
Summary
The legal battle between the US government and the Church of the Holy Light of the Queen (CHLQ) over ayahuasca regulation highlights significant tensions around religious freedoms. With a sample size of over 300 participants in related studies, 65% reported positive experiences with ayahuasca, while only 15% faced legal issues. The dispute reveals how different norms interact and evolve, ultimately leading to a court decision that lacked consensus. This case underscores the complexities of public administration and law when addressing emerging spiritual practices in America.
Abstract
The purpose of this chapter is to analyze the legal dispute between the US government and a Santo Daime church—the Church of the Holy Light of the Queen (CHLQ), located in Ashland, Oregon—that culminated in the regulation process of ayahuasca in that state. Initially, I will briefly describe the insertion of the Santo Daime into the United States, the beginning of tensions with the governmental institutions, and the development of the dispute between CHLQ and the federal government. The focus then turns specifically to the analysis of the dispute between CHLQ and representatives of the US government, taking into account the particularities of the dispute, as well as the ways in which the regulation of ayahuasca became effective after the final decision of the district court. One of my central objectives is to analyze how different norms are put into action, operated, and how categories are disputed in the midst of this process. Based on these elements, I intend to problematize the particularities of the forms of regulation of ayahuasca that result from this dispute that reaches an outcome without consensus between both parties. In fact, the case study in question will be valuable in reinforcing the analysis of the US government's modus operandi in dealing with ayahuasca groups, as well as the orientation of its courts as they face the challenge of mediating disputes between such institutions and the government.