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UNT PHIL 2400 - Native American Traditions and The American Legal System
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PHIL 2400 1st EditionLecture 4Unit: Native American Traditions and The American Legal SystemRequired readings:“Albanese” pg 35 - 41Outline of Current Lecture I. American Indian Religious Freedom Act 1978a. Relationship with 1st amendmentII. Peyote Ritualsa. Backgroundb. Reactions to Peyote Ritualsc. Related Legal Rulingsd. What are important legal debates about peyote use in the United States?e. Supreme Court Case – Oregon v. Smith (1990)III. Religious Freedom Restoration Act 1993IV. ConclusionsV. Introduction to next class: Executive Order No 13007 May 24, 1996Current Lecture American Indian Religious Freedom Act 1978 Enacted to protect the rights of American Indian religions 1st amendment – “Congress shall make no law respecting an establishment of religion, orprohibiting the free exercise thereof;” Think about: why the American Indian Religious Freedom Act was still necessary almost 200 years after the 1st amendment was enacted. Peyote Rituals Background Small cactus containing a psychostimulant  Grown in Texan and Mexican deserts  Used for indigenous religious practices for almost 6,000 years Reactions to Peyote Rituals 1900 – several states pass laws prohibiting use of peyote 1918 - Native American Church formed - only for Native Americans- utilized both Christian and Peyote rituals- emphasized self respect, morality, sobriety, and charity to membersThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute. Related Legal Rulings 1954 Supreme Court Case – peyote protected under 1st ammendement Controlled Substance Act (1970) – mescaline, stimulant present in peyote, classified as prohibited hallucinogen 1970s – some states allow peyote use for religious purposes 1990 – 28 states allow peyote, 22 states prohibit peyote  What are important issues in legal debates about peyote use in the U.S.? Which law has precedence over the other. i.e. 1st amendment over Controlled Substance Act or vice versa State laws vs. federal laws Public safety Comparable to Communion ritual using wine to represent the blood of Jesus Christ- Think about: Wine usage in Communion during the prohibition of the 20s. Did 18th amendment have precedence over 1st amendment? Supreme Court Case – Oregon v. Smith (1990) Substance abuse counselors used peyote over the weekend while not on duty They were fired and denied unemployment compensation Counselors sued the Employment Division of the Department of Human Resources on the bases that they were performing a religious ritual and it should therefore not be restricted by the government Supreme court ruled that the counselors took an oath not to participate in any controlled substance and their termination and denial of unemployment compensation was lawful Religious Freedom Restoration Act 1993 Parts were eliminated in 1997 by Supreme Court Some believe original 1993 act should still be the law 2006 supreme court case ruled usage of hoasca, a tea containing a controlled substance, is allowed to be used religiously since the government officials didn’t show interest in the reasons for why the religious ritual should be restricted Conclusions Religious use of controlled substances is highly debated Courts recently upheld usage of substances for religious rituals Think about: if substances are safe in a religious setting, why are they prohibited in a recreational setting? Introduction to next Class: Executive Order No 13007 May 24, 1996 Recognition of native American sacred sites and human


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UNT PHIL 2400 - Native American Traditions and The American Legal System

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