“Religious Freedom Can Be Ethnically Limited, Utah Judge Rules”

“Forgiving McVeigh, England’s murdered vicar, and other stories from media around the world.”

Christianity Today May 1, 2001
Judge: White man can’t use peyote in religious ceremony The Ten Commandments, crosses and crucifixes, Bibles, and other Christian objects have been at the center of many a religious-liberty case. But if there’s one item that has shaped America’s religious liberty law in the last decade or so, it’s peyote. The hallucinogenic cactus was at the center of Employment Division v. Smith, where a Native American was fired from his job and denied unemployment benefits because he’d chewed it as part of a religious ceremony. The Supreme Court ruled in 1990 that the firing did not infringe on Smith’s religious freedom. In response, religious liberty advocates convinced Congress to pass the Religious Freedom Restoration Act (RFRA), which was subsequently ruled unconstitutional by the Supreme Court. Now those two Supreme Court cases are the backbone of current religious freedom law in the U.S.—which Christianity Today columnist Charles Colson and others have argued is a very, very bad thing.

Now another peyote case may once again chip away religious liberty in the country. A Utah district court judge ruled that even though federal law allows Native Americans to use peyote in religious ceremonies (the law was passed after the Supreme Court’s anti-RFRA decision), self-styled medicine man Nicholas Stark isn’t allowed to do so because he has no proof that he’s of American Indian descent. “Clearly, there is a protection for the use of peyote for Native Americans, but Mr. Stark does not come under that protection,” Judge Roger Dutson wrote in his decision. Even more brazenly, Deputy Weber County Attorney Richard Parmley had argued in court that the federal law hadn’t been intended to protect religious freedom at all, but merely to “preserve the unique cultural history of the Native American people.”

“This is not just to get around Utah’s Uniform Drug Code,” Stark’s attorney says. His client “professes those beliefs, he practices them.” And it’s not fair to discriminate against his beliefs just because he does not “bear a particular DNA in [his] blood.” Expect an appeal.

More articles

McVeigh’s execution:

  • The McVeigh execution: There’s money to be made! | If we enjoy the spectacle, we mock justice, trivialize sin, and coarsen our souls. (Charles Colson, Breakpoint)
  • The divide on McVeigh | Churches, some followers disagree on killing a killer (The Dallas Morning News)
  • Saving McVeigh | Oklahoma City bomber deserves forgiveness and will be welcomed to heaven by victims, priest says (San Francisco Chronicle)
  • Not forgetting, but forgiving | Tim McVeigh killed his daughter. Now Bud Welch has lost his anger, too. (The Washington Post)
  • Fellow inmate counsels McVeigh | The devoutly Roman Catholic David Hammer, a fellow death row inmate, may be the last voice urging Timothy McVeigh to seek spiritual redemption. (Associated Press)

Murder:

Faith-based initiative:

Education:

Missions and ministry:

Church life:

Denominations:

Catholicism:

Jews:

  • LDS plan to take more Jews off records | Menachem Begin, David Ben Gurion, Golda Meir, Anne Frank, Albert Einstein, and others were apparently baptized posthumously by Mormons. (The Deseret News, Utah)
  • Catholics, Jews set forth plans for cooperation | Officials agree not to try to influence each other’s theology, call for protection of holy sites and the opening of all Vatican archives from the Second World War. (Reuters)

Abortion:

Family:

Homosexuality and the church:

  • Lutheran bishop ordains lesbian | “I can no longer advocate this cause with credibility from a position of personal safety,” says Paul W. Egertson, bishop of ELCA’s Southern California West Synod (Los Angeles Times)
  • Gay row sends worshipers down the road | Bulk of New Zealand Methodist congregation, disgusted with the church’s gay-friendly attitudes, was subsequently locked out by Methodist leaders in February after threats were made. (The New Zealand Herald)

Books:

Pop culture:

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