Lapas attēli
PDF
ePub

ARIZONA STATE SENATE TEL:542-3429

Mar 14

34446N

S.C.M. 1001

Indian tribes who are members of the Native American Church and are at least one-quarter Indian; and

Whereas, in Oregon Employment Division v. Smith, the United States Supreme Court dealt a crippling blow to freedom of religion and to the right of the members of the Native American Church of Navajoland, Inc., to exercise the sacrament of the use of peyote in the practice of their religion; and

Whereas, the Religious Freedom Restoration Act of 1990 would require that a government cannot impose a burden on the free exercise of religion except in furtherance of a compelling state interest and by use 11 of the least restrictive means to that end; and

10

Whereas, the proposed Religious Freedom Restoration Act of 1990 is an important and necessary response to a serious threat to the practice of religion in the United States; and

Whereas, because the use of peyote as a religious sacrament is 16 unique to the Native American Church, the religious practices of the Native American Church of Navajoland, Inc., are in greater jeopardy than 18 the practices of mainstream religions; and

[ocr errors]

Whereas, the United States Congress, should amend the American 20 Indian Religious Freedom Act, (Title 42 United States Code) to protect the right of members of the Native American Church of Navajoland, Inc., to practice their religion free from governmental interference and to engage 23 legally in the sacramental use of peyote.

32

Wherefore your memorialist, the Senate of the State of Arizona, the House of Representatives concurring, prays:

1. That the President of the United States instruct the United States Congress to amend the American Indian Religious Freedom Act to allow members of the Native American Church of Navajoland, Inc., to engage sacramental use of peyote.

legally in the sher secretary of State of the State of Arizona transmit

copies of this Concurrent Memorial to the President of the United States and to each Member of the Arizona Congressional Delegation.

underscored material = new

[bracketed material) = deletion

APPENDIX L

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]

11

12

13

14

15

A JOINT MEMORIAL

REQUESTING THE NEW MEXICO CONGRESSIONAL DELEGATION TO CONSIDER AMENDING

THE AMERICAN INDIAN RELIGIOUS FREEDOM ACT TO PROTECT THE SACRAMENTAL
USE OF PEYOTE BY MEMBERS OF THE NATIVE AMERICAN CHURCH OF NAVAJOLAND,
INC.

16

17

18

19

20

21

22

2 2 2 2 2 2 2

23

WHEREAS, the Native American church of Navajoland, inc., is a duly authorized New Mexico corporation with over two hundred thousand members in four states and uses peyote as a sacrament in its religious practices; and

WHEREAS, the right of the Native American church of Navajoland,
inc., to practice its religion free from government interference is
Jeopardized by Oregon employment division v. Smith, a recent supreme

court case handed down on April 17, 1990. Under Smith, the Native
24 American church's use of peyote as a sacrament is not protected by the

25

first amendment of the constitution of the United States; and

underscored material - new [bracketed material) = deletion

SJM 15

2

3

5

6

7

8

9

10

11

12

13

14

15

16

18

WHEREAS, the United States house of representatives has introduced

a bill, H.R. 5377, the Religious Freedom Restoration Act of 1990, which would reinstate the legal test prior to Oregon employment division v. Smith; and

WHEREAS, because the United States congress, following their fiduciary duty to protect and preserve Native American religious rights and practices, has enacted the American Indian Religious Freedom Act, 42 U.S.C. 1996, it should also consider amending this act to allow the sacramental use of peyote for the Native American church of Navajoland, inc., and to continue to protect the religious rights and freedoms of these members;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that it request the New Mexico congressional delegation to support enactment of federal legislation that amends the American Indian Religious Freedom Act, 42 U.S.C. 1996, so that the exercise of Native American ceremonial and traditional rites are protected and the use of peyote as a sacramental right is preserved; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the New Mexico congressional delegation.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]

Mr. RICHARDSON. Thank you very much.
Mr. Gus Palmer, please proceed.

STATEMENT OF GUS PALMER

Mr. PALMER. Mr. Chairman and committee members, my name is Gus Palmer, Senior, from the Kiowa Tribe. It is indeed a pleasure to have this opportunity to come before you and discuss our concern about our Native American Church.

My father and my mother took me into the Native American Church when I was really young, nine years old. The experience I want to tell you about our Native Americans is quite a bit, how I came about and why I do respect this church of ours. It is an Indian religious organization, and they are the only people that understand this church.

We have songs pertaining to God, and we all believe in God, the creator of Heaven and Earth and you and I. In there, within the tipi, you could see his creation. Members of this organization are in there, my father and my mother, my grandparents, my in-laws, my father-in-law, all my relations. I saw them in there, how they prayed. They prayed for the welfare of their family, their immediate family. They were mostly concerned about that each time when they have their Native American Church right on the Mother Earth. They have there the altar, the moon, the sage, then the tipi. The tipi is the home, it is the temple of our Native American Church.

This was back in 1918. There was a man that lived with our tribe and studied our tribe. He was an anthropologist by the name of James Mooney. He so helped our tribe in the southwestern part during that time to establish or incorporate a charter for them, knowing that these Indians didn't know that you have to have a law, but he explained to them that you must during that time, and they accepted that. He helped them create this charter for them to protect their church; this was the main reason. This is what my grandfather told me.

Today, part of this that we are testifying to here in behalf of our church, within that church, when we go in there we feel like we are closely related, because the non-Indian doesn't understand this religion. They don't understand this peyote. It is even called a drug. I say it is a sacrament that God has created for the Indian people. How? Through the spirit, they were told, "If you believe in God, you will find this out through the spirit. He will guide you." This is our Indians; this came about years and years ago. Way before the non-Indian was ever here, they knew of God, that this sacrament was made purposely-I always say this-for the Indian, this poor Indian, and through that he spoke to us.

My daughter a while back-she lived in Dallas-called me and said, "Daddy, I'm going to tell you something. In spirit, he spoke to me, and here's what I said: 'Is the Native American Church all right?' and he said, 'It's all right.' 'Is the peyote religion all right?' and he said, 'All right, because I'm in there also in spirit.""

And this I want to testify today, that the laws of Texas-it is a good thing that they have established the law there to protect this sacrament that has been blessed by God. They call it peyote because it grows in Mexico, all over there, but there is just a small

portion of land there next to the Rio Grande Valley where it grows. I am glad that they have made a law whereas the only people that can go there and receive this peyote must be a bona fide chapter member of the Native American Church, and it requires fourth-degree blood Indian at least, and this is how we want it to be kept, in our Indian tribe, because we are the only ones that understand it, no one else understands it.

Before that law, the non-Indian was abusing it. How? They cut it and sold it for money; they were after the money. I'm glad that they made a law there that only Indians, bona fide Native American Church members, could receive that.

Also, what we need is the protection of this sacrament to transport it, to use it, and have possession of it. We need the help of your committee to protect our Native American Church.

[Prepared statement of Mr. Palmer follows:]

« iepriekšējāTurpināt »