Written by Thomas Costanzo
Date: 07-21-2011
Subject: Drug War
Date: 07-21-2011
Subject: Drug War
James Warren "Flaming Eagle" Mooney of Native American Church on Gorilla Radio 10:00 am PST July 21, 2011 at http://kpfz.org/kpfz-internet- stream/ The Oklevueha Native American Church is officially recognized by the US government.
Supreme court decisions both Federally and in the State of Utah make it possible for Native American Church members to legally consume, transport and grow Church Sacrament of Magic Mushrooms, Marijuana, Peyote, Ayahuasca.
"Nowhere is it even suggested that the exemption applies only to Indian members of the Native American Church. Had the intention been to exclude non-Indian members, as the United States argues, the language of the exemption would have so clearly provided. Indeed, the federal peyote exemption makes no reference whatsoever to a racial exclusion”
The District Court, Burciaga, Chief Judge, held that: (1) permitting Indians' nondrug use of peyote in bona fide religious ceremonies of Native American church, but prohibiting such use by non-Indians, would violate free exercise and equal protection clauses; (2) compelling interest test applied to free exercise challenge to prosecution of non-Indian member, and (3) prosecution would violate free exercise clause. Motions granted. Bill of Rights 1st Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or a the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Bill of Rights 1st Amendment.
The District Court, Burciaga, Chief Judge, held that: (1) permitting Indians' nondrug use of peyote in bona fide religious ceremonies of Native American church, but prohibiting such use by non-Indians, would violate free exercise and equal protection clauses; (2) compelling interest test applied to free exercise challenge to prosecution of non-Indian member, and (3) prosecution would violate free exercise clause. Motions granted. Bill of Rights 1st Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or a the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Bill of Rights 1st Amendment.
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