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Law
State Lawyer: Misinformation in non-Indian peyote case


"Since issuance last summer of the Utah Supreme Court's opinion in State v. James and Linda Mooney and the Oklevueha EarthWalks Native American Church of Utah, Inc., there have been numerous published articles and editorials containing misstatements such as:

The Utah Supreme Court has decided that Native American Church members have a constitutional right to use peyote.

The State of Utah has argued that only Indians can join the Native American Church.

James Mooney was prosecuted because he admitted non-American Indians into his church.

The Utah Supreme Court has ruled that the State cannot dictate who can join a Native American Church.

Federal law does not legalize peyote use in Native American Church ceremonies for only those members belonging to a federally-recognized tribe.

These statements have no basis in fact."

Get the Story:
Kris Leonard: Misinformation reigns in coverage of peyote case (The Daily Herald 3/1)

Court Decision:
State of Utah v. Mooney (June 22, 2004)

Related Stories:
U.S. may prosecute Native American Church figure (08/31)
Non-Indian peyote case could head to Supreme Court (08/16)
Ruling allows non-Indians to use peyote in Utah (06/23)
Utah Supreme Court hears arguments in peyote case (11/5)
Utah 'medicine' man at center of court battles (08/26)
Peyote limited to recognized U.S. Natives (5/7)
Peyote use disputed in Utah (5/18)
Man prevented from using peyote (5/10)
'Medicine man' settles lawsuit (3/30)
Peyote: For Indians Only? (1/8)
Peyote raid raises questions (7/17)
The Peyote Exemption (7/17)
Police seize peyote (7/12)