| This article was published in Indian Affairs, Volume 132, Spring 1995. Minor edits have been made to correct certain terms. Title I of the Native American Free Exercise of Religion Act is the 1994 amendments to the American Indian Religious Freedom Act of 1978. The amendments explicitly protect the traditional ceremonial use of peyote by Native Peoples. It remains in force today. However, some entities seek to exploit peyote as a medicinal and commercial product for the general public—even though peyote is classified as a Schedule I controlled substance, with the only exemption granted to Native practitioners. |  |
A victory for the Religious Freedom Coalition
On October 6, 1994 President Clinton signed into law Title I of the Native American Free Exercise of Religion Act. This title deals with the right of Native American religious practitioners to use the divine sacrament peyote in their religious ceremonies. The Association has served as the coordinator of the American Religious Freedom Coalition, a group of more than 100 Native Nations, Native and non-Native organizations, politicians, etc. seeking to educate the public about the need to protect the rights of Native Peoples to freely practice their religions.
On October 6, 1994 President Clinton signed into law Title I of the Native American Free Exercise of Religion Act. This title deals with the right of Native American religious practitioners to use the divine sacrament peyote in their religious ceremonies. The Association has served as the coordinator of the American Religious Freedom Coalition, a group of more than 100 Native Nations, Native and non-Native organizations, politicians, etc. seeking to educate the public about the need to protect the rights of Native Peoples to freely practice their religions.
The peyote religion is one of the oldest practiced religions in the Western Hemisphere. It is estimated that as many as 250,000 Native Peoples take part in this religion and believe peyote is the sacrament that embodies a spiritual deity. Ingestion of peyote occurs within the context of prescribed ceremonies and assists participants in communicating directly with the Creator. Peyote is never abused by those who fully respect its sacredness, like a priest would not abuse the sacrament of wine during Mass.
In the 1990 decision, Employment Security Division of Oregon v. Smith, the U.S. Supreme Court held that a state could constitutionally prohibit all use of peyote, including ceremonial use by Native Peoples despite the First Amendment's protection of free exercise. This had caused a situation where Indian ceremonial use was legal in some states, but not in others. In at least two states, Native American Church members were charged with criminal laws for possession of peyote.
The bill, Public Law 103-344, now ends this threat of religious persecution against Native Peoples who practice the peyote religion. The bill provides that use, possession or transportation of peyote by Native Peoples for religious purposes is lawful and shall not be prohibited by any state or the federal government, and no Native person shall be penalized or discriminated against for peyote possession. To address raised concerns, the bill allows the federal government and the State of Texas to regulate the use of peyote by Native Peoples and allows public safety regulations pertaining to certain law enforcement officials, transportation employees, military personnel and traffic safety considerations.
The passing of the bill into public law is attributed to the efforts of the Association and the Religious Freedom Coalition. We received an invitation by the Senate Select Committee on Indian Affairs to assist in developing legislation to introduce the Native American Free Exercise of Religion Act in the last Congress. The right for Natives to use peyote in religious ceremonies was part of this legislation. Other concerns of the Act that still need to be passed include: the protection of Sacred sites, spiritual leaders having better access to eagle feathers and the right of incarcerated Native Peoples to practice their religions as freely as Judeo-Christian incarcerated people.
The "peyote victory" is an important step forward in protecting the religious freedom of Natives and the Association played a critical role in obtaining its enactment. However, there still remains vitally important issues that are unaddressed by the government.
The Association with the support from members like you, intends to continue its work in this area until the First Amendment rights of the First Americans are fully protected.
In the 1990 decision, Employment Security Division of Oregon v. Smith, the U.S. Supreme Court held that a state could constitutionally prohibit all use of peyote, including ceremonial use by Native Peoples despite the First Amendment's protection of free exercise. This had caused a situation where Indian ceremonial use was legal in some states, but not in others. In at least two states, Native American Church members were charged with criminal laws for possession of peyote.
The bill, Public Law 103-344, now ends this threat of religious persecution against Native Peoples who practice the peyote religion. The bill provides that use, possession or transportation of peyote by Native Peoples for religious purposes is lawful and shall not be prohibited by any state or the federal government, and no Native person shall be penalized or discriminated against for peyote possession. To address raised concerns, the bill allows the federal government and the State of Texas to regulate the use of peyote by Native Peoples and allows public safety regulations pertaining to certain law enforcement officials, transportation employees, military personnel and traffic safety considerations.
The passing of the bill into public law is attributed to the efforts of the Association and the Religious Freedom Coalition. We received an invitation by the Senate Select Committee on Indian Affairs to assist in developing legislation to introduce the Native American Free Exercise of Religion Act in the last Congress. The right for Natives to use peyote in religious ceremonies was part of this legislation. Other concerns of the Act that still need to be passed include: the protection of Sacred sites, spiritual leaders having better access to eagle feathers and the right of incarcerated Native Peoples to practice their religions as freely as Judeo-Christian incarcerated people.
The "peyote victory" is an important step forward in protecting the religious freedom of Natives and the Association played a critical role in obtaining its enactment. However, there still remains vitally important issues that are unaddressed by the government.
The Association with the support from members like you, intends to continue its work in this area until the First Amendment rights of the First Americans are fully protected.
