Religious freedom
The Temple of Hermes is a church. Our ceremonies are worship, and the freedom to practice them rests on the same protections that guard every faith in America.
Our faith
We believe that natural entheogens were manifested through the Divine Creator so that all people, regardless of religion, race, sex or gender, may commune with the Creator, and that through their ceremonial and sacred use our members are able to access their divinity from within. Our sacraments are received in ceremony, as an act of worship, within the Hermetic lineage and the Ingano tradition of the Putumayo.
Read our Statement of Beliefs and Code of Ethics.
The Religious Freedom Restoration Act
The federal Religious Freedom Restoration Act of 1993 (RFRA) says the government may not substantially burden a person's exercise of religion, even through a law that applies to everyone, unless it shows that the burden furthers a compelling governmental interest and is the least restrictive way of furthering it.
In 2006, in Gonzales v. O Centro Espírita Beneficente União do Vegetal, the Supreme Court ruled unanimously that the federal government had not met that standard to stop a church's sacramental use of hoasca, a tea made from the same plants as ayahuasca. The decision recognized that RFRA can protect the ceremonial use of a sacrament that is otherwise controlled.
In 1997 the Supreme Court held that the federal act does not bind state and local governments. That is why a state's own religious freedom law matters.
Utah's Religious Freedom Restoration Act (SB0150)
In 2024 Utah passed its own Religious Freedom Restoration Act, SB0150. It prohibits government entities in Utah from substantially burdening a person's free exercise of religion unless the burden is essential to a compelling governmental interest and is the least restrictive means of furthering it. It allows a person to raise the act as a claim or a defense, and lets a person who prevails recover attorney fees and costs.
Read the bill on the Utah Legislature's site, or our post Religious Freedom in Utah (SB0150) and Temple of Hermes.
What these laws do, and do not do
Religious freedom laws protect sincere religious exercise. They are not a license, and they do not make any substance legal for everyone. They give a person or a church a claim or a defense that a court weighs case by case: whether the practice is religious, whether the belief is sincerely held, whether the government's burden is substantial, and whether the government can show a compelling interest pursued by the least restrictive means.
Practice outside a sincere religious setting, such as recreational use or selling a sacrament, is not what these laws protect.
How the Temple practices
- Membership is by application. Members share our Statement of Beliefs and agree to our Code of Ethics.
- Every participant completes a health screening following our Medical Guidelines, and gives informed consent before ceremony.
- Sacraments are received in ceremony, led by experienced facilitators within our tradition.
- Ceremonies are offered by suggested donation, and no one is turned away for lack of funds. See the Ceremonial Grant Program.
- Preparation and integration are part of the practice. See your journey.
This is not legal advice
This page explains why we practice as a church and how religious freedom laws work in general. It is not legal advice, and it cannot tell you how the law applies to your situation. If you have questions about your own circumstances, please speak with an attorney.