"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)
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