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Guam: High Court Ruling Backs Rastafarian

Tanya M.C. Mendiola

Pacific Daily News (Guam)

Saturday 09 Sep 2000


Subj: Guam: High Court Ruling Backs Rastafarian

Pubdate: Sat, 9 Sep 2000

Source: Pacific Daily News (Guam)

Author: Tanya M.C. Mendiola


HIGH COURT RULING BACKS RASTAFARIAN

A local man has won the right to smoke marijuana as part of his religion in
a Supreme Court of Guam decision yesterday.

Benny Toves "Rasta Ben" Guerrero's legal battle began on Jan. 2. 1991, when
he was arrested and charged with importation after between seven and eight
ounces of marijuana was found on him at the A.B. Won Pat Guam International
Air Terminal as he tried to enter the island. Guerrero, who is a follower
of the Rastafarian religion, told court that marijuana use is a required
sacrament of that faith.

The Supreme Court of Guam issued an opinion on the appeal it heard in March
that affirmed a lower court's dismissal of an indictment in a drug case
that cited religious freedom.

Constitution Cited

Justices found that the government infringed on "the defendant's right to
free exercise of his religion as protected by the United States
Constitution and the Organic Act of Guam and the Religious Freedom
Restoration Act of 1993."

D. Paul Vernier Jr., Guerrero's attorney, said he had not had an
opportunity to speak with his client about the decision.

"It means that the Guam Supreme Court will eagerly protect the people of
Guam's religious freedoms," Vernier said.

"Before the government can infringe on those freedoms, the government has
to prove that there is compelling government interest that will override a
citizen's right to practice his or her religion."

Landmark Case

The higher court's decision is a landmark case for Guam in regard to the
First Amendment right of freedom of religion, he added.

"It's setting out a criteria by which it will judge the laws that might
infringe upon religious freedom," Vernier said. "The people of Guam should
feel confident that the court here will protect the free expression of
their religious beliefs."

 

 

 

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