Philip Dracht of counsel at Salt Lake City law Fabian VanCott (Philip has his own firm and is based out of Santa Barbara) forwarded us the following ruling in this Utah freedom of religion case concerning a psychedelic church using psilocybin as sacrament.
Philip’s colleague at Fabian VanCott, Tanner Bean, represented Singularism in obtaining a preliminary injunction, requiring the government to return any items seized from Singularism’s spiritual center and to “not interfere with Plaintiffs’ sincere religious use of psilocybin from the date of the order until the litigation was complete.
It is worth reading the filing in full to understand how the faith organisation had already been in full discussion with various utah licensing and local govermnent authorities to provide clarity and transparency about their processes and modus operandi.
November 11, 2024, officials arrived at the spiritual center to execute a search warrant based largely on the affidavit of an undercover officer who had posed as a prospective Singularism facilitator. The officers came by around five pm so as not to disturb any religious ceremonies and proceeded to search the premises for over an hour and a half. Mr. Jensen, maintaining his stance of full transparency, showed the officers the safe where Singularism kept its psilocybin. They seized the psilocybin, psilocybin paraphernalia, sacred scripture, and a small amount of THC that Mr. Jensen kept there for his own use (Mr. Jensen is also affiliated with the Church of the Native Americans, which uses marijuana as a sacrament). During the search, the officers recommended that Singularism cease its religious practices and told Mr. Jensen to expect criminal charges. Two days later, the Provo City Police Department sent a letter to the landlord of Singularism’s spiritual center claiming that Singularism was a drug-distributing nuisance, instructing the landlord to evict Singularism as soon as possible, and threatening civil abatement if the landlord did not comply
Background Information & The Filing
BRIDGER LEE JENSEN, SINGULARISM, and PSYCHE HEALING AND BRIDGING,(Plaintiffs) v UTAH COUNTY, PROVO CITY, and JEFFREY GRAY,
The lawsuit stemmed from events of November 11, 2024, when law enforcement allegedly seized, interrogated, and detained the church’s spiritual center and founder Bridger Lee Jensen.
“Embracing psychedelic therapy is not just about healing; it’s about embarking on a spiritual odyssey that has the power to transform lives and illuminate the depths of the human spirit.”
“This is not just an attack on our peaceful church,”
Said Bridger Lee Jensen, founder of Singularism.
“It’s an assault on the very principles of religious liberty that this country was founded on.
We are a small but resilient faith community, and we will not allow our voices to be silenced by intimidation.
We plan to fight this peacefully and within the bounds of the law.”
Singularism claimed that the government authorities harassed their faith, intimidated members, and violated their rights to free exercise of religion
Summarized Singularism say that the following occured
- Singularism is a small, minority faith group in Provo, Utah, that uses sacramental psilocybin tea in guided ceremonies for spiritual purposes
- The plaintiffs assert that local government actors and law enforcement violated their right to free exercise of religion, protected by the U.S. Constitution, Utah Constitution, and Utah’s Religious Freedom Restoration Act
- The complaint was initially filed on November 19, 2024, and later transferred to federal court
- The plaintiffs requested immediate court action to prevent further violation of their rights to religious free exercise
- A hearing was set for December 13, 2024, to consider the plaintiffs’ plea for a temporary restraining order and preliminary injunction
Here’s the full press release they sent out at the time
Provo, UT – Dec, 3, 2024 – A peaceful religious community is at the center of what may be a significant religious freedom case. Singularism, a small, minority faith group located in Provo, Utah for whom the safe and sacramental usage of psilocybin is a core belief, has filed a lawsuit which complains that government authorities harassed the faith, intimidated its members, and violated their rights to free exercise of religion.
The lawsuit stems from a November 11, 2024, seizure, interrogation, and detention of the church’s spiritual center and founder. As stated in Singularism’s complaint, police suddenly appeared, searched the spiritual center, interrogated Singularism’s founder, and seized Singularism’s sacramental psilocybin, as well as various religious records.
This occurred despite Singularism’s standing invitation written to local government to engage in dialogue and to tour its spiritual center a year before. Further, the officers stated that Singularism’s founder should expect criminal charges, but released him without arrest. On November 12, 2024, law enforcement served a letter on the landlord for Singularism’s space, threatening that if he did not evict Singularism, the government may exercise civil abatement (civil forfeiture) proceedings.
These actions contrast with Singularism’s long record of safety and sincere and non-threatening religious practices. Singularism uses sacramental psilocybin tea in guided ceremonies designed to promote healing, spiritual enlightenment, and the alleviation of suffering. Strict safety and religious sincerity protocols are followed, and participants undergo rigorous screening to ensure physical, mental, and spiritual readiness.
https://singularism.org/blog/press-release-lawsuit-start
Singularism have also provided a timeline to the case
- September 6th, 2023 – Singularism opens its spiritual center in Provo, Utah, after publicly inviting local officials, including the Mayor, District Attorney, and Police, to tour the space and learn about its practices. The open and transparent invitations were ignored.
- November 11, 2024 – Provo City Police searched Singularism’s spiritual center, seizing sacred items and detaining founder Bridger Lee Jensen. Officers refused to turn on their body cameras, stating that none of them had brought their body cameras, though they wore the vests and mounts for them.
- November 12, 2024 – Rather then formally charge the the founder Law enforcement pressures the church’s landlord to evict Singularism, rather than do it themselves. They stated: “…a nuisance exits on the property that you own…..residents in that neighborhood are living in unnecessary fear and danger.” Singularism does not believe there is a credible complaint or threat and that Provo City can not demonstrate that a nuisance exits. The landlord of Singularisms property responded in writing stating that Singularism has been “exemplary tenants” , and that evicting the church would constitute religious discrimination.
- November 19, 2024 – Singularism files a lawsuit in to protect its constitutional rights and halt further government interference. Singularism asks for a TRO to protect their small church and for a preliminary injunction, given their high likelihood of winning. The defendants named include Utah County, Provo City, the district attorney, and up to 5 officers involved in the search and seizure. The complaint states: “Plaintiffs’ unquestionable religious sincerity and their record of conducting religious ceremonies without any effect on public safety, paired with the constitutional and statutory authorities described below, demonstrate Plaintiffs will prevail in this matter.”
- November 28, 2024 – Defendants unite and file to move the case to federal court. Singularism does not oppose. This is now a federal case.
The docket contains extensive record regarding the search/seizure, declarations regarding religious beliefs
The government has filed notices of appeals on the order
Based on the evidence in this case, Plaintiffs have established that the government has substantially burdened their sincere religious exercise. Simply put, Plaintiffs offer a sacramental psilocybin tea to their voyagers, who then embark on a spiritual journey by which they write their own scripture. A law that categorically prohibits the possession and use of the psilocybin sacrament—thereby preventing Singularism’s adherents from pursuing their spiritual voyages and hindering them from producing their sacred scripture—substantially burdens the free exercise of Singularism and its adherents. Church of the Holy Light of the Queen, 615 F. Supp. 2d 1210.
Jill Annette Niederhauser Parrish is an American lawyer who serves as a United States district judge of the United States District Court for the District of Utah. She served as a justice of the Utah Supreme Court from 2003 to 2015.
Singularism - Preliminary Injunction Order
Learn more about Singularism at
https://www.linkedin.com/company/singularism/?trk=similar-pages
https://www.prunderground.com/singularism-announces-nations-first-psilocybin-clinically-informed-spiritual-wellness-center-2/00316194/
