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About Smoke signals. (Grand Ronde, Or.) 19??-current | View Entire Issue (Sept. 1, 1990)
Smoke Signals September 1990 Page 15. Frohnmayer(cont) office right now. We are currently defending a case where a group of people from Southern Oregon who sincerely believe that their religious use of marijuana is protected. They sought as a defense to criminal prosecution to claim that the First Amendment to the United States Constitution states their religious liberty protects them. It's the inability to distinguish on a drug by drug, religion by religion basis that, at least on any firm ground, that we felt it was necessary to get the highest court in the land to give better guidance to us. We were not surprised that the court ruled in favor of the State, but that doesn't mean that there is going to now suddenly be a huge group of criminal prosecutions. My office doesn't bring criminal prosecu tions. I have told the leadership of the Native American Com munity nationwide that I support the continuation of the ex emption under the federal law for the Native American Church and have been assured by the administration that they have no plans to change it. What I would favor is a law ; something like Arizona's that says that in any criminal prosecution, it is a valid defense to the prosecution that the person was engaged in good faith, religious use of Peyote when it did not involve harm to that person or to another person. Our office has helped to draft proposals of that kind that will goto the next legislature. Something along that line, would pass the test under the Oregon Constitution. As Governor I would not have a problem signing legislation of that nature." Smoke Signals: This new legislation you say your backing, let's talk about that again, so I can clear that up." Frohnmayer. "Sure. When I say it is a defense to criminal prosecution it Would mean that if I used Peyote, I could be prosecuted because I don't have any reason to use it: It is ! a hallucinogenic substance, it has affects similar to those of LSD, accept for the lack of flashbacks. If however, there was a person in the ritual of a religion and that person is prosecuted, then it would be a defense to that prosecution. That is, a person would not be prosecuted or the jury would have to find that person could not be convicted if the use were in good faith and reserving the rights of a religion." Smoke Signals: "And the Native Americans enjoy that status at this time, is that right?" Frohnmayer. That's right. And, it would be broader than the coverage that was asked for in the Black and Smith case. They were asking for protection only for the Native American Church, but there are other religions that serve the spiritual needs of Native American people that use Peyote and are currently not recognized under federal law." Smoke Signals: "And when would that go into affect?" Frohnmayer. "Well, it would have to be passed by the next legislature and there is currently legislation being drafted that would do that." Smoke Signals: "And when would that be?" Frohnmayer. Starting in January. The state representa tive in Eugene, Jim Edmundson has asked for that legisla tion to be drafted and we have assisted Legislative Council in trying to see through any constitutional problems and we've suggested we follow the Arizona statute. Now, under the what I'm suggesting, if a person used Peyote on the job or off the job and it was a job requirement that they be drug or alcohol free, and if they were discharged they would not get unemployment benefits, so what I'm saying is that the constitution and the law can be used as a shield but not a sword. No special benefits but no criminal prosecution." Smoke Signals: Tm glad we were able to discuss this issue because like I said before, I think it's important. It is important that the Native Americans in the 38 states and the six country's that we send our newsletter to know that. And I think it's important for you and the people of Oregon that they know where you're coming from. So I think this is a chance for us to put it all on the table." Frohnmayer. "Yes, and I appreciate that. Ironically, we had the case settled virtually on the courthouse steps but Mr. Smith wanted his day in the U.S. Supreme Court and didn't want to accept settlements. As a matter of constitu tional law it was pretty clear that the State was going to win the case because very rarely can you say that the court will carve out an exemption for a particular church, no matter how ancient and say that it's ritual is entitled a special protection when for anyone else that would violate the criminal law. So, I think it can be dealt with on a State-by-Statc basis. The issue is that you've got to be prepared to say why this religion but not another religion that uses an other drug. Now, I think we've got the basis for doing that." Smoke Signals: "So there is a definition now where there wasn't really before. How do you feel about how Craig Dorsay handled the case?" Frohnmayer. "Craig did a very good job. The Native American cause was very well represented and very sin cerely represented, I think he did a fine job." SmokeSignah: "Okay, let's move on to the last question. I think it's important that our tribal government, as it grows,Builds a better relationship with State and Local government. How can we do that?" Frohnmayer. "Brent, one of the ways that your people can do that is by electing a governor that knows and under stands the Native Americans and the rights of Native Americans. I have issued opinions that recognized Tribal sovereignty and by issuing those opinions I did it at consid erable political risk because there are forces in our society that don't always want to recognize that fact you arc dealing with another government, when you are dealing with an Indian Tribe. But, that is what our Constitution says, that is what our laws say and that is what I am comfortable with. I chaired and actually founded the Indian Affairs working group of the National Association of Attorney Generals when I was president of that organization we dealt with Tribal lawyers and Tribal leaders. I understand the mean ing of sovereignty. When you deal with an Indian tribe, your dealing on the basis that they are a legally recognized government and that is the starting point of your relation ship with America's Native Americans. They have the right to speak as a government. Chapter 1-90 in our Oregon Revised Statues has a specific reference to intergovern mental agreements and very happily it includes a reference to our capacity to deal with Indian tribes as governments. I think we have a long way to go when using the full creative potential of that, whether it's in collection of child support benefits, enforcement of laws on and off reservation lands, a lot of taxation issues that are very tricky, such as gasoline taxes. My relationships with the Indian Tribes in Oregon have been very positive, as you know I've worked on the resto ration for the Grand Ronde Tribe, I've worked on land issues with the Umatillas, and we arc currently working with the Warm Springs Tribe on some resolution of gas tax issues and down the line on collecting child support from people who have gone off the reservation but willed child support to people who are otherwise being supported by the Tribe on the reservation. There is just a lot of creative ways we can deal on a government-to-government basis, that are easy to deal with if you first recognize that you are dealing with A government. Two other points, one is that the door to the governor's office has got to be open to a wide variety of groups. The second is that Oregon has a commission on Indian Affairs that basically feels left out of the process. The last three years the commission has not really felt that it has had access to Oregon decision makers. While I would not use it to undercut my relationships with Tribal governments generally, I certainly think that it is a source of information about what the needs of America's Native people are. Just recently, one example, it may seem rather small although I know it's not small to the Tribe's that are involved and it's important to me, is that in Eastern Oregon we found that as the lakes recede, that many ancient Indian sites, including burial sites are exposed and they have been subjected to grave robbers and other people who arc taking these priceless artifacts that are the heritage of the Tribes that are there, of their ancestors and we are criminally prosecuting and are bringing civil actions against the people who are perpetrators, because that is a piece of our responsibilities to work with affected Tribes to make sure that the ceremonial and cultural sites are adequately protected for eternity." Smoke Signals: "I think that is going to be important for people to hear that information and understand it." Frohnmayer: "Well, one of the things that I always find is how much there is to learn from America's Native people. The reverence for ones predecessors that is a part of Tribal and religious heritage. I wish we had more of that in white culture. I wish we had more of a sense of our history, an importance of keeping our history." Smoke Signals: "Mr. Frohnmayer, what kind of advice could you give our Tribal Council on how to become more involved in the local government and the county govern ment, could you give us any advice on how to become more involved, what process should we follow?" Frohnmayer: "Well, obviously becoming involved in the elections is critical. And, one of the things that is important is talk to the people who are running for office before they are elected. Make sure that they understand your needs and make sure that you get what commitments they're pre pared to make even before they seek office, that's impor tant. Second is to be regular participants in major decisions that arc going to affect the Tribe and its relationship to the Community. The third is, to relate to the public officials of other areas." Smoke Signals: "We are moving into the future now and as we learn more and more about ourselves, we learn more and more about the process of being involved in our com munities and I think it's important that our Tribal Council get an opportunity to do that because I think we have a unique prospective that we could share. Well, once again, I really appreciate you taking the time to address these issues that concern our Tribe." Frohnmayer: Thank you for the opportunity
