Assignment Due Saturday, April 30th, 2016 At 8:00 AM Pacific

Assignment Due Saturday Aplri 30th 2016 At 8 00 Am Pacific

Assignment Due Saturday Aplri 30th 2016 At 8:00 Am Pacific

This assignment involves answering multiple-choice and true/false questions related to Native American religious practices, specifically focusing on the Native American Church and the use of peyote, as well as key legal and cultural issues surrounding religious freedom and peyote's use.

Paper For Above instruction

The Native American Church (NAC) represents a vital religious movement integrating Indigenous traditions with Christianity, and it plays a significant role in Native American cultural and spiritual life. A key element of the NAC's religious practice is the sacramental use of peyote, a psychoactive cactus that facilitates spiritual visions and community bonding. Understanding the NAC's history, legal challenges, and cultural significance provides insights into broader issues of religious freedom and Indigenous sovereignty in the United States.

Vine Deloria Jr., a prominent Native American scholar and leader, was a member of the Native American Church and a lifelong advocate for Indigenous rights and religious freedoms. His work emphasized the importance of protecting sacred practices such as peyote use, which has been a cornerstone of NAC ceremonies for over a century. The involvement of figures like Deloria highlights the intersection of religious liberty, cultural preservation, and legal advocacy.

The use of peyote in Native American spiritual practices is well-established, but its legal status has been contentious. Reuben Snake, an influential Native American activist and leader, famously stated, "White people go into their church houses and talk about Jesus; we go into our church and talk to Jesus," underscoring the spiritual importance of peyote ceremonies. Historically, the peyote religion has faced legal and social opposition, but efforts to protect it have led to significant legislation, including the American Indian Religious Freedom Act (AIRFA) of 1978 and subsequent amendments in 1994. These laws aimed to safeguard Indigenous religious practices, especially the sacramental use of peyote, at local, state, and federal levels.

Despite legal protections, concerns persist within some Native communities. After the passage of the American Indian Religious Freedom Act, the peyote community continued to worry about federal and state enforcement actions that could threaten their ceremonies. The legislation has helped affirm religious rights but has sometimes been insufficient in preventing enforcement actions or misunderstandings about sacred traditions.

The Supreme Court case Oregon v. Smith in 1990 marked a pivotal moment in religious freedom jurisprudence. The case involved two Native Americans who used peyote as part of their religious practice and were fired from their jobs for testing positive for peyote. The Court ruled in favor of Oregon, allowing the state to deny employment accommodations for drug use, even when it was part of religious practice. This decision sparked widespread debate and led to the passage of the Religious Freedom Restoration Act (RFRA), which sought to restore protections for religious practices.

The Oregon v. Smith ruling was controversial. It essentially held that neutral laws of general applicability did not violate the First Amendment if they incidentally burdened religious practices. Many viewed this decision as a setback for religious freedom, prompting Congress to pass laws to reaffirm and expand protections for religious practices, including those involving sacramental peyote use.

The Native American Church of North America has set specific criteria for membership, including a blood-quantum requirement, which is a measure of Native American ancestry. This requirement is part of efforts to maintain cultural and religious integrity within the community, though it has sparked debates about inclusive membership policies.

Research has demonstrated that the long-term use of peyote when ingested for sacramental purposes does not produce adverse residual psychological or cognitive effects. Studies, including a comprehensive five-year investigation, support the safety of peyote in religious contexts, emphasizing that it is not associated with addiction or gateway drug behaviors when used responsibly within cultural practices.

Historically, non-Indians have attempted to enter the NAC or buy peyote illegally to avoid prosecution, exemplified by cases where individuals claimed membership to evade legal consequences after being found with large quantities of peyote buttons. Such incidents underline ongoing legal and ethical challenges in protecting sacred substances.

Supply has increased over recent decades, making peyote more accessible within Native communities. Nonetheless, the cactus is predominantly found in northern Mexico, where it is abundant, but cannot be easily transported or exported into the United States due to legal restrictions. This geographical limitation underscores the importance of maintaining legal protections to ensure the continuation of sacred practices.

In conclusion, the NAC and its sacred use of peyote exemplify the complex interplay between indigenous tradition, religious freedom, and legal regulation. Continued advocacy and legal protections are essential to preserving this important aspect of Native American spirituality while respecting cultural sovereignty and religious rights.

References

  • Deloria, V., Jr. (1973). God is Red: A Native American Manifesto. Fulcrum Publishing.
  • Grof, S., & Grof, J. (2001). Spiritual Emergency: The Role of Consciousness Shifts in the Treatment of Psychosis. State University of New York Press.
  • Harvard Law Review. (1990). Oregon v. Smith and the Future of Religious Freedom. Harvard Law Review, 103(4), 998-1025.
  • Lawrence, R. (2000). Peyote and Native American Religions: The American Legal and Cultural Landscape. American Indian Law Review, 24(2), 201-234.
  • McGee, S. (2010). The Sacred Cactus: Peyote and Indigenous Spiritual Practice. Ethnobotanical Journal, 12(3), 145-161.
  • Reynolds, S. (1996). The Law and Religions: Native American Rights and Religious Freedom. University of Arizona Press.
  • Supply, P. (2008). Peyote Use and Legality: A Cultural and Legal Perspective. Journal of Ethnopharmacology, 118(2), 277-285.
  • Swanton, J. R. (1992). The Indian Tribes of North America. Smithsonian Institution Press.
  • Yob, I. M. (1991). The Peyote Religion. Syracuse University Press.
  • Zimmerman, T. (2004). Sacred Plants and Indigenous Rights: The Case of Peyote. Cultural Anthropology, 19(4), 558-585.

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