The U.S. Supreme Court determined earlier this year that states have a right to prohibit the taking of illegal drugs - even if those drugs are part of a sacred religious ceremony.
But that hasn't stopped thousands of Native Americans, including many in Utah, from continuing what they consider to be a sacred and traditional practice: the ingestion of the hallucinogenic plant peyote."The Navajo Nation will not accept the U.S. Supreme Court decision," said LeNora Begay, press officer for the Navajos. "The Navajo Nation will not prosecute anyone for using peyote as a sacrament in their religious ceremonies."
The U.S. Supreme Court, in what is considered a landmark case, ruled on April 17 that states and the federal government have a right to prohibit the use of illegal substances like peyote and marijuana in religious sacraments.
The peyote ceremonies have continued unabated since the Supreme Court decision.
The Supreme Court ruling involved the firing of two people employed in an Oregon drug rehabilitation center because they ingested peyote as part of their religious sacrament. Oregon courts determined peyote use was not a constitutionally protected right and the U.S. Supreme Court agreed.
Some say the ruling goes too far. Various religious organizations, including the Catholic Church, have expressed worry that the Supreme Court ruling empowers states to control religious practices. They also are concerned that governments could use the ruling to prohibit certain religions.
Among those most directly affected are members of the Native American Church, which includes among its practices a peyote ceremony. Church members in Utah say they continue to practice their religion, including peyote ceremonies, without interruption from state or federal authorities.
And with the blessing of the Navajo Nation.
"Within the boundaries of the Navajo Nation we do not limit anyone from practicing their religion," said Begay. "As long as they are on the reservation, we will preserve their right to practice their religion."
An estimated 25,000 members of the Native American Church live on the Navajo Reservation in Utah, New Mexico and Arizona.
Begay stresses that the U.S. Supreme Court decision gave the authority to the states to determine whether illegal drugs could be used in religious ceremonies.
Arizona has told tribal officials it will not prosecute those who ingest peyote on the reservation. And Begay would like to see Utah make a similar promise.
"Religion versus government is a sensitive issue," admits state narcotics Lt. Dave Fullmer. "As a state, we are not going to address the problem on the reservations. That's a federal problem."
It's a federal problem because state officers say they have no jurisdiction over tribal lands. But if members of the Native American Church practice the ritual off the reservation, `then that's a different ball game," Fullmer said.
Thus far, peyote rituals have been restricted to the various reservations.
"Essentially, the Indians have been given a considerable amount of sovereignty to run their own affairs," said U.S. Attorney for Utah Dee Benson, adding that no one has complained to his office about illegal drug use on the reservation.
But, he added, "the court has been clear that where there are laws prohibiting illegal use of peyote that Indians or anyone else cannot use it. And peyote is included among the controlled substances and drugs."
Benson said he would have to think long and serious about whether to pursue any complaints or investigations into peyote use on the reservation, but added that drug abuse and trafficking is at the top of the Justice Department's priorities.
Critics of the peyote ritual point out that peyote was part of Native American ritual only in northern Mexico and western Texas, where the peyote plants are found.
But the Native American Church, which incorporates members of all Indian tribes across the nation, has a peyote ritual practiced according to local Native American traditions.