Smoke Signals December 1989 Page 6 iiihi fjriWtriWffitt?w:iinnnii-Mlfc) vv-' NA.P.O.L.S. Attorney Craig Dorsey. SUPREME COURT HEARS ARGUMENTS IN PEYOTE CASE WASHINGTON - The constitutional protection of the free exercise of religion does not necessarily extend use of the hallucinogen peyote, Oregon Attorney General Dave Froyhnmayer argued before the U.S. Supreme Court Monday. A lawyer representing the Native American Church argued, however, that a ban on use of the plant for religious purposes could destroy the church. The court listened to an hour of arguments on the case that originated in 1984 with a claim for unemployment compensation by two Oregon drug and alcohol rehabili tation counselors who had been fired because they took peyote as part of a ceremony of the Native American Church. Their employer, ADAPT, a nonprofit rehabili tation organization, banned the use of drugs or alcohol by its employees. The two men, Alfred L. Smith, a Klamath Indian, and Galen W. Black, a non-Indian, said their use of peyote as part of a religious ceremony was protected by the First Amendment to the U.S. Constitution. Both men, residents of Springfield, said they were members of the Native American Church. Peyote is on Oregon's list of controlled substances that may be legally obtained only be prescription. Illegal use is a Class B felony. Although the federal Drug Enforce ment Administration and 23 other states exempt its use in religious ceremonies from criminal prosecution, Oregon does not. The case had been before the U.S. Supreme Court earlier, but the justices returned it to the Oregon Supreme Court to determine peyote's status under state law. In October 1988, the state high court decided for the second time that the religious use of peyote was protected by the U.S. Supreme Court and again ordered the state to pay unemployment compensation. Frohnmayer appealed again and Monday listed three reasons that the U.S. Supreme Court should uphold Oregon's total ban on peyote. Calling peyote an extremely dangerous substance, Frohnmayer said the state has an interest in restricting all peyote use to protect the health and safety of church members as well as the public at large. In addition, making an exception for the Native American Church would lead to a patchwork of exemp tions, forcing law enforcement to deal with a "substance by substance, church by church, believer by believer" pattern of legal use, Frohnmayer said. Third, he said, allowing an exemption for the Native American Church would remove the state's constitutional neutrality in matters of religion. Under questioning by Justice Antonin Scalia, Frohnmayer compared the absolute ban on peyote with the legal use of wine in the sacraments of some other churches. "Even during Prohibition there was a statu tory exemption" for sacramental wine, he said. Wine is . used in small, harmless quantities while "peyote is used for its hallucinogenic effects" and is far more dangerous, he said. Craig J. Dorsay, director of Oregon Legal Services' Native American program, representing Smith and Black, disputed Frohnmayer's claim that peyote is more dangerous than alcohol "If we look at the devastating effect of alcohol on the Indian population," he said, it should be on the list of dangerous drugs. "There is no evidence peyote has been misused by the Native American Church," Dorsay said. He also said, "The DEA has concluded that the religious use of peyote does not cause a law enforcement problem." The use of peyote is a part of the men's right to practice their religion, he said. The effect of a Supreme Court ruling upholding Oregon's ban "we believe would be total destruction of this religion," Dorsay said. Frohnmayer said, however, he knows of only one criminal prosecution for peyote use during the years the ban has been in effect and the church is flourishing. At a rally on the Capitol lawn across the street from the Supreme Court building after the arguments, church groups staged a news conference-prayer service. Emerson Jackson, a Native American Church minister from Fort Defiance, Ariz., lit a fire of leaves and paper in a metal bucket, sprinkled the flames with cedar chipsand, with a fan of feathers and a few drops of water, bestowed blessings on several ministers of other faiths individually and on the crowd at large. -Courtesy of the Oregonian T ARCHAEOLOGY v f COMMITTEE ', , The Archaeology Committee attended the Fourth ; Annual Northwest Conference on Cultural Preservation in Pendleton, Oregon on October 25, 26, and 27th, 1989. The Conference provided a forum on Issues of mutual ' concern tVthe fndiancomm professionals, and pthers k the preservation andJJJ management of cultural hentagi' The Committee alsVattendcd a. workshop ttCom at OSU with David Braimer and Dick Ross from thejt Anthropology DeptAJso attending the meeting was th Sawds , , IT, 4 JTx ''' ,, , fi'WM'.i WMMm SDavid and Dick covered a lot of territory trying torn ' , , t .l .,, '' J &Z.L0? communicate to me jNaove American peopic me roan 't t4'y7Z AU' 7' J'?' '''" 77'M7M mines mvoivea ra Arcnaeoiogy anuvnioropon ''. 4 i 4 yJ "i"'W' l'U ' w P"' t i' ' ' , ur rmr tiitiji i nnrn ic en i on aivitiunin wiLnirin fin i nw,vi The opening will be categorized by region and job type. y' ''J,,t r' 'm', Wi ( a .7' ' rifJjlW Minoriryg AHairs Dept ANPA Foundation at (703) 648-1000, WWA Jim Butler and Tribal Council member Ray McKnight found a moment to chat during the celebration.