says if drug use? allowed, why not polygamy or ritual sacrifice? at a time of increased concern about drugs the high court may be reluctant to permit drug use any under circumstances. >> in april of 1990 the court argued they could be prosecuted and found such prosecutions did not violate the first amendment right to religious freedom. the opinion's author, justice scalia. >> i suppose you could say a law against human sacrifice would, you know, affect only the aztecs, but i don't know that you have to make -- you have to make exceptions. >> the decision was seen by some as an attack on religious freedom. enter democratic senator ted kennedy, and republican senator orrin hatch. the two co-sponsored the religious freedom act which slams the supreme court for its insufficient deference for religious exercise saying government should not substantially burden religious exercise without compelling justification.