SPIRITUAL STRUGGLE

Members of the Native AmericanChurch pray in Maryland for legislation to protect their right to usepeyote*"*

Congress considers Native American Church pleas on peyote useBy Karen Lincoln MichelStaff ffriler *f The Dallas Morning Kern

M KANDOCTTY, Texas—Life is a soulfuljourney for followers of an ancientreligion known as the peyote way.

The 400,000 members of the Native AmericanChurch call their belief the road of life a roadwell-traveled by countless generations of NorthAmerica's indigenous people who have eaten thepeyote cactus to sustain a deeper understandingof God and creation.

This road leads some of its faithful followersfrom as far away as Alaska and Canada on yearly

• A pilgrimage to South Texas. 9A• Dealers respect the culture. 9A• A look at state laws. 9A

pilgrimages to the RtoGrande Valley. Many arepoor, spending what little money they can spareto collect their sacred herb, found oaly in Texasand northern Mexico.

to recent years, this spiritual path has becomemired to red tape and threat of prosecution in 22states. What church members consider to be aholy medicine that has been used in religiousritual 10,000 years old is classified as a

hallucinogen under the Controlled SubstancesAct of 1970.

The active ingredient in peyote is mescaline, amind-altering stimulant that the federal DrugEnforcement Administration has placed hi thestun* category us heroin and LSD.

"I wish people would quit saying it's a drug,"said Sylvia Nakai, a Navajo from New Mexico whotraveled 1,000 miles to South Texas with herfamily to gather peyote during Easter week.

'It mates me angry, But who will listen to us?"Federal lawmakers are considering a bill that

Please see CHURCH on Page 8A.

Continued from Page 1A.

sacramental use of peyote forAmerican Indians in all SO states — amove that would pull them from thegrip of a 30-year drug war that theysay has no connection to their beliefs.

Drug enforcement officials sayhippies In the 1960s experimentingwith the cactus prompted thegovernment to look more closely atpeyote before adding it to theControlled Substances Act

"In the late 1960s, white folks whowere fairly young and had money andsome time on their hands startedexperimenting with peyote," saidJohn Geider, a public affairs officerwith the DBA hi Dallas.

"They weren't interested in the

of peyote to Native Americans."He called peyote "a victim of the

times."Robert Peregoy, senior staff

attorney for the Native AmericanRights Fund in Washington. D.C., saidthere is no organized opposition to theNative American Church bill thatCongress will vote on this session.

He said the church's greatestchallenge lies in breaking downmisconceptions of how peyote is usedby church members.

"I would call it a confusion ofuse of peyote with a drug

," he said. "It's really a lack of

"Once people know that peyote isused in controlled religioussettings by responsible people, andonce they learn that studies proveit's not harmful or addictive, thenit's not really a problem."

Prehistoric traditionSince the final days of the Ice Age,

native people have built a religionaround peyote. The oldest knownpeyote specimens used in ritualcarbon dated to 5,000 B.C.

The specimens, found in a 1933archaeological cave dig in the RioGrande Valley, are hi the artifactcollection at the Witte Museum in SanAntonio.

Roberta McGregor, associatecurator of anthropology at themuseum, said the peyote buttons arebelieved to be the sacrament used bymedicine men of the Lower Pecospeople who lived 10,000 years ago.

"We think that they probablyingested peyote for out-of-body

Peyote buttons such as theone at left are harvested le-gally in the Rio Grande Val-ley. Faithful users make pil-grimages from across thecontinent to acquire it.

Walter Wabaunsee (below)wraps himself in a blanketafter a night of prayer inMaryland about peyote leg-islation that Congress isconsidering.

Photography byBeatriz Terrazas

Spanish conquerors, the firstEuropeans to observe Indians usingvarious plants for divine worship,began a massive effort to convertIndians to Christianity in the 16th

use of peyote.Only tribes living in remote areas

of Mexico retained the practice. Theyintroduced the ritual to Indians hi theUnited States in the 18th and 19thcenturies.

The modern-day Native AmericanChurch emerged in the United Statesabout 120 years ago and has spread tomore than 70 tribes nationwide and hiCanada

The Native American Church,formally established in IMS, usespevote for ceremoniirf purposes. The

jaten fresh or dried as apowder. Buttons soaked In water areserved as a tea. Before presenting it tothe congregation, the peyote will havebeen prayed over and blessed withcedar smoke.

Peyote is consumed at varioustimes throughout the all-night prayerservice, which is held for a specificreason. The occasion may.be abirthday, marriage or baptism orperhaps to pray for a sick person—any reason a church member wantsprayers said.

Church considers peyotea sacrament•Laws vary

Native American Church membersin 28 states, including Texas, canlegally use peyote in ritual becausethese states have legislative orcourt-ordered exemptions for varyingdegrees of protection. Some stateshave simply adopted a drugenforcement code that exempts thechurch from the ControlledSubstances Act

hi the 22 other states, churcbmembers are subject to arrest,prosecution and imprisonment forpracticing the peyote religion becauseno state law protects them. Most ofthese states are in the eastern half ofthe nation. Few, if any, have activechurch members who would havecalled for an exemption.

The lack of a uniformed standardprompted American Indians todemand Congress establish iron-cladprotection for the Native AmericanChurch.

VS. Sen. Daniel Inouye, D-Hawaii,introduced a four-part bill last yearthat In part provides an exemptionfrom the Controlled Substances Actfor the use, possession andtransportation of peyote for bona fidereligious ceremonies by people of atleast one-quarter Indian blood. US.Rep. Bill Richardson, D-N.M.,introduced similar legislation in theHouse under separate bills this spring.

hi an article published two yearsago in the West Los Angeles LawReview, Mr. Inouye said the treatmentof American Indians is a "serioushuman rights problem" in the UnitedStates.

"It is now time for us to accordrespect and equality to AmericanIndians, especially hi regard to theirright to worship in the manner thattheir ancestors have for centuriesbefore them," he said. 'Tf the FirstAmericans cannot be secure in suchfreedom, the liberty of all Americansstands in danger."

Pour American Indian dvil rightsgroups representing more than 160tribes have made the passage of thereligious freedom amendments theirtop legislative priority for 1994.

It's a decision long-awaited byAmerican Indians and a coalition ofmore than 60 interf aith supportersand civil rights organizations.

The coalition draws backing fromsuch groups as Baptists, Jews,Methodists, the United Church ofChrist, the Sierra Club, Greenpeace,the American Civil Liberties Unionand the Women's InternationalLeague for Peace and Freedom.

Court pressureTTie Native American Church

initiated a push for tighter legislationin 1990, after a US. Supreme Courtdecision in Oregon vs. Smith gavestates the right to limit sacramentaluse of peyote.

Al Smith, a Klamath Indian, wasfired from his job as a drug abusecounselor for attending a NativeAmerican Church service off-duty. Hesued the state of Oregon forunemployment benefits but wasdenied compensation when the highcourt ruled that the First Amendmentdoes not permit laws to be broken inthe name of religious freedom.

On the court's decision to abandonthe "compelling state interest" test,Justice Antonln Scalia wrote in themajority opinion that the test was toostrict in protecting diverse Americanreligious liberty and called it a"luxury" that a democratic society"cannot afford."

The ruling sparked fear anduncertainty among American Indiansabout the church's future and aboutthe First Amendment's integrity inupholding religious rights.

The tremors soon erupted into

that the American Religious FreedomAct of 1978 be strengthened.

"I dont know what I would do if wewere to lose this medicine," saidIsadore Nakai, a Navajo who says hekneels on his tepee grounds outsidehis home each morning and praysthat the legislation will pass.

"The way I think about it, it's ourstrength," he said. "It's not just achurch on the weekend. If s a way oflife for us Indian people."

Texas modelThe proposed bills on peyote have

roots in Texas law. Besides being theonly US. state where peyote grows,Texas was the first state to provideprotection for peyote use by the NairnAmerican Church.

"Texas is absolutely crucial for thepassage of this bill," said JamesBotsford, a Wisconsin attorney whoprovides legal counsel for the NativeAmerican Church of North America,an international organization withmore than 250,000 members acrossNorth America.

"We think lawmakers in otherstates will be looking to Texas forguidance on this bill just because of iehistory in dealing with the churchand because Texas is the only sourceof peyote in the United States," he said

The relationship between Texasand church members is amicable andcooperative, say church leaders andofficials within the Texas Departmentof Public Safety, the agency thatregulates the sale of peyote tocard-carrying church members.

This wasn't always true.to 1967, the Texas Legislature

outlawed the possession of peyote todiscourage drug abuse, said Mr.GeideroftheDEA.

A year later, a state district judgefrom Laredo ruled the ban on peyoteunconstitutional. The ban came afterIndians petitioned the TexasLegislature to pass an exemption forsacramental use and distribution ofpeyote.

Since then, peyote distributorshave been licensed by the state andare required to keep detailed recordsof receipts and disbursements.

"I wish people wouldquit saying it's a drug. Itmakes me angry. Butwho will listen to us?"

— Sylvia Nakai,Navajo fromNew Mexico

Limited exemptionThe Texas exemption, which the

drug enforcement officials adopted asits federal code, applies to churchmembers who are at least one-fourthIndian ancestry.

The blood quantum requirementaggravates members of the PeyoteWay Church of God, a group of whitesfrom Arizona and New Mexico whoblend Mormon practices with a beliefbased in peyote.

Ann Zaph, apostle and pastpresident of the Peyote Way Church ofGod, said her church's belief differsfrom the Native American Church inthat it requires members to fast for 24hours before ingesting peyote duringa 13-hour "spirit walk." The walk takesplace on a IWacre religious sanctuaryin southeast Arizona owned by PeyoteWay.

"It's a very individual experience,"

Native American Church membersdo not fast before attending theirall-night ceremonies. Their servicesfollow strict procedures and protocolfor scheduled talks, prayers and timesfor singing and drumming. Servicesare held in a tepee, Indian lodge ormember's home.

The white peyote church is legal inArizona because that state passed afull exemption for any bona fidereligious use.

Bill Stites, a member of the PeyoteWay Church of God who is awaitingan appeal on a 1993 conviction ofpeyote possession, said he respects theNative American Church butconsiders the blood quantumrequirement unconstitutional.

"I dont think it's right to havereligious preference based on ethnicorigin," he said.

The US. Sth Circuit Court ofAppeals in New Orleans disagreedwith Mr. Stites in 1991 when it ruledagainst the Peyote Way Church of Godin a civil rights case that challengedthe constitutionality of the Texas law.

In his own fight with Texas, Mr.Stites said he was vacationing in BigBend National Park when he wascaught with 32 fresh peyote buttons.

He claimed a First Amendmentright to use peyote. But because hecouldnt urove he had at least

one-fourth Indian blood, he was foundguilty by an Alpine, Texas, jury.

Mr. Stites' attorney in Fort Worth,Ward Casey, said he's not worriedabout Congress passing the bloodquantum requirement as part of thepeyote protection MIL He said hisclient has recourse under theReligious Freedom Restoration Actsigned in November by PresidentClinton.

Under the act, the burden falls onthe state to prove why religious rightsshould be limited

Prohibition parallelDouglas Long, former president of

the Native American Church of NorthAmerica, said that just as the the useof sacramental wine was protected bylaw during Prohibition, religious useof peyote should be upheld today.

"The analogy is striking,'' Mr. Longsaid in testimony submitted during a

Religious Freedom Act last year."The sacramental use of wine was

not related to the nation's alcoholproblem—and the sacramental use ofpeyote is not related to the nation'sdrug problem."

Mr. Long also said peyote does notcontribute to the nation's drugtrafficking problem.

Speaking at a religious conferencein Washington. D.C, hi March, Mr.Long said he could walk out of hishotel and find illegal drugs for salewithin two blocks. But he wouldn't beable to find peyote.

Between 1980 and 1987, he said,drug enforcement officialsconfiscated 19.4 pounds of pr'otenationwide — the equivalent of onegrocery bag for the entire country.

In the same period, he said, theDBA confiscated more than 15 millionpounds of marijuana.

At the March conference,American Indian leaders said if s timeto end what they call 500 years of

intolerance against indigenous peoplethat began with ChristopherColumbus.

"The First Amendment has neverreally applied to American Indians,"said Walter Echo-Hawk, staff attorneyfor the Native American Rights Fundin Boulder, Colo.

He said the Constitution didn'tprotect followers of the Ghost Dance,an Indian religion that was stampedout by the U.S. government more than100 years ago. And, he said, it doesn'tprotect the Native American Churchand other American Indian beliefstoday.

"The religious freedom crisis is notover for Native Americans until thislegislation passes," Mr. EchoHawk

^said.

A Monday, June 20, 1»4

S, Texasa holy siteto churchmembersBy Karen Lincoln MichelBuff Wrflero/ The Dallas Morning News

MIRANDO CITY, Texas—Thepower of prayer guides IsadoreNakai on a thousand-milepilgrimage from the wind-carvedrocks of the Na vajo Reservation tothe cactus plains of South Texas.

Each spring, he follows in thefootsteps of generations of nativepeople who have journeyed to thisdesolate land, where Mother Earthbears a cactus plant believed to bethe flesh of God — a place NativeAmerican Church members callPeyote Gardens.

Hundreds of church members,such as Mr. Nakai, come by thecarloads each year to the BioGrande Valley for the chance topray on ground where their holymedicine grows. These followers,many of whom blend Christianitywith their religion, believe peyoteis a holv medicine that holds divine Jefferson Foster, 7, Yazzie Robbins examine a peyote button. Leroy Carr sits next to him as Eddie K. Clark walks by.

fiowers from the Creator.. It takes the faithful weeks of

planning and spiritual preparationto make the journey. Each of the 70ar more tribes who practice thepeyote way has special customs andbeliefs that guide their travels.

Mr. Nakai, his wife and two:hildren made their annual trek aFew days before Easter, just asdozens of other families had donethe same week.

"My grandfather used to tell us:'We dont come down here any oldway. This is a sacred ground,' " saidMr. Nakai, 47.

"Everything about this medicineis sacred," he said. "It was put hereon this earth to heal us. It comfortsus in hard times and guides in oureveryday lives."

Most Indians who come to PeyoteGardens gather at the Mirando Cityhome of Amada Cardenas, 89, whoharvested and sold peyote foralmost 60 years before retiring fiveyears ago.

The petite, elderly Hispanicwoman opens her home to NativeAmerican Church members for aplace to rest and have a cup ofcoffee. She is called Grandma bygenerations of Indians who havetaken comfort in her hospitality.

Prom Palm Sunday to Easter,Mrs. Cardenas estimates, more than100 church members stopped by herplace on their way to buy medicinefrom dealers registered with stateand federal officials.

Nearly all peyote harvested inTexas conies from a 45-mile swath ofrocky soil, owned by ranchers, thatstretches 90 miles north from RioGrande City.

Church members can receivetheir medicine by mail, butbelievers from as far away as Alaskaand Canada opt to make the journeyto Texas.

Lorenzo Max, a Navajo, talks to Amada Cardenas at her home in Mirando City, Texas. In thenext room is Robert Foster. Mrs. Cardenas has long opened her home to American Indians.

Many church members say theyare overcome with profoundexperiences just by standing o thewhite shale soil where theirmedicine grows.

Arapaho Chief Virgil FrankST., 66, a trustee of the NativeAmerican Church of Oklahoma!said he carries with him anexperience of peyote's healingpowers that occurred in PeyoteGardens when he was a boy.

He said his grandmother, wtbhad lapsed into a coma, was broaghtinside a peyote meeting. After \

. prayers were offered for her in theall-night ceremony, she walked outof the tepee the next morning.

"If you believe in the sacramentand believe in the power of prayer,you will get help," he said. "Whenyou witness these things, it makesyou have an even stronger belief."

In their holy land, no cathedralor temple awaits them. They aregreeted only by dealers who guardfields of peyote protected bybarbed-wire fence.

Some church members bringtepees to erect in Mrs. Cardenas'

yard or on the grounds of whoeverwill let them hold their religiousservices. Others simply kneel nextto small shrines of peyote cactidisplayed in the yards of somepeyote dealers.

Next to the tears they shed in theparched soil, church membersleave prayer offerings of tobacco,cedar, corn pollen, sage andsometimes coins.

As his grandfather taught him,Mr. Nakai tells his children to sit onthe ground and pray when theycome to Peyote Gardens. When they

get up, he reminds them not tobrush off the dust from theirclothes because even that is holy,

"This sacrament and this placewhere it grows really meanssomething to me," ne said. "I'mreally thankful to God that I'm...Native American."

Flesh of GodJust as Catholics believe wafers

and wine are the body and blood ofChrist, Native American Churchmembers believe peyote is the fleshof God. To partake of this bitterplant, believers say, is the first stepto understanding the Creator andall of Creation.

"God gave this sacred medicineto the Native Americans to use it fortheir spiritual needs," said GeorgeHindsley, president of the NativeAmerican Church, Half-MoonFireplace Inc., State of Wisconsin."The more we consume of it.themore we understand God."

Peyote touches each person'ssoul differently, he said. But most oall. he said, it makes people feelhumble.

"You learn from this medicinethat there is something morepowerful than you are," he said."You understand this, and you payhomage to the Creator."

The sacrament is eaten byeveryone gathered around a speciafireplace that holds ritualisticmeaning. Most fireplaces originatefrom the Kiowa and Comanche, thffirst to practice the peyote ritual irthe United States.

During prayer meetings, whichusually begin in early evening ant!end the next morning, members tito achieve a spiritualunderstanding so all prayers

Inside tepees, where manyprayer services take place, aflickering fire sits at the heart ofthe holy circle. An altar of clothholds sacred Instruments made ofanimal parts and natural materials,The altar lies between the fire andthe leader of the prayer service,called a roadman.

Each roadman leads services ,according to rituals of a fireplace.But all leaders follow basicprocedures that include scheduledtalks, prayers and times for singingand drumming, partaking ofsacrament and drinking holy water.

Women are the silent strength ofthe prayer service. Legends say Godspoke to a woman in a dream andtold her how to communicate withhim through the peyote ritual.

The roadman who practices the"Half-Moon" fireplace reserves aspecial time for his wife, or femalerelative, to carry in water. Herblessing over the water comes at asacred time of morning, Just beforedawn when all is still.

Everything in a peyote meetinghas order and purpose, from theturns taken at singing anddrumming to the clockwise motionthat people walk around thefireplace.

The mood is reverent asmembers sit in quiet contemplation.

Spiritual connectionSometime during a peyote

meeting, Navajo roadman LorenzoMax says, a door opens to the spiritworld.

Mr. Max, 34, of Tuba City, Ariz..said his uncle told him, "Nephew,when you go into a meeting, try toeat as much medicine as you can

because right around past midnightthere's a certain point wherethere's a door that's going to open,and you have to be sensitive to it."

Mr. Max said he was told it mightlast an instant or a few minutes.

"For a certain length of time," hesaid, "you can communicatespiritually with God."

It's during this time, manybelievers in peyote say, that the sickcan be healed and miracles canhappen.

FredParton,68,aCaddo-Delaware from Oklahoma,said his son was miraculously curedof kidney failure as he wasundergoing dialysis treatmentyears ago.

"We had four meetings for him,"Mr. Parton said. "After the fourthmeeting, the doctor met me in thehall and told me that at 12 o'clockmidnight my son's kidneys startedworking again."

He said his son has been in goodhealth since.

Countless testimonials to thecuring powers of peyote have been *told by Native American Churchmembers, from minor physicalailments to cancer.

Scientific studies, however, havefound no medicinal value in peyote.

Mr. Max said American Indiansand their beliefs are hard to graspand often are misunderstood by asociety that views them throughEurocentric and Judeo-Chrlstianeyes.

"We can try and try to explain itto them," he said. "But as long asthey are not spiritual people as weknow spirituality, they're going tohave a hard time understanding."

Dealers say they respect

the culture they serveMonday, June 20, 1994

By Karen Lincoln MichelSB)/WrUwii/The Dnltaa Morning News

OILTON, Texas—The GoodFriday sun poured its first light asIsabel Lopez prepared to harvestpeyote in thorn fields alive withprickly-pear cactus in bloom.

Lent marks the busiest time ofyear for eight peyote distributorslicensed by the Texas Department ofPublic Safety. Their lives revolvearound picking a spineless cactusplant used in ritual by the400,000-member Native AmericanChurch.

"We've got a lot of customersdepending on us," said Mrs. Lopez,72. who began harvesting in 1939.

"We've been getting a lot ofpeople coining here every day for thelast two weeks," she said. "As soon aswe get home from the fields, they'rewaiting for us."

The waiting church memberstravel from all over the United Statesand Canada to buy their holymedicine, which the ControlledSubstances Act classifies as ahallucinogen. People of at leastone-quarter American Indian bloodare the only legal purchasers ofpeyote because of laws that exemptthem from the act

"Some people say it's a drug," Mrs.Lopez said. "For the Indians, I don't

The peyote dealers, who areHispanic, carry on a tradition of"peyoteros," who developed the tradein the late 1800s after Indians wereforcibly removed from Texas.

Modern-day peyoteros sell tocard-carrying members of the NativeAmerican Church. Members alsomust show an au thorn ition form

Salvadore Johnson emerges from the brush holding a peyotebutton. He's one of a handftl of registered dealers in Texas.

signed by church officials.The dealers — six in Rio Grande

City, one in Mirando City and Mrs.Lopez in Oilton — sell peyote fromdrying racks in their back yards.

The tops of the cactus, called"buttons," sell freshly cut for about5145 to $185 per thousand. Driedbuttons go for about $145 perthousand.

Last year, the state reported thatdealers harvested nearly 1.9 millioipeyote buttons for sales grossing$210,240.

Mrs. Lopez said when she was agirl, peyote was so abundant thathorses would carry heavy loads ironthe fields. T?hen she started picking

at 17, horses were replaced by ModelA automobiles.

Today, most dealers hireemployees to pick for them. But Mrs.Lopez and her husband Margarito,75, are the last to sell only what theyharvest by hand.

Before they leave for the fields,Mr. Lopez loads their pickup withtools of the trade: sharp, hoelikeshovels; gunny sacks; and five-gallonbuckets, The couple leave at 7 a.m.and return about 3 p.m. with sacks ofpeyote — up to 5,000 plants if it's agood day.

The bluish-green cactus lives industers beneath the shade ofMesquite sh "ubs and thorn bushes

that thrive in the caliche shale soilrf Starr, Webb, Jim Hogg and Zapatacounties.

The buttons protrude aboveground. At various times of the year,the crowns bloom Into petals ofpastel pink and white.

Mature plants reach the size oforanges; smaller plants breakthrough the ground about acorn-size.

The cactus produces such a bittertaste that even grazing cattle walkpast.

Mrs. Lopez said she tracks peyoteby its scent carried by strong Gulfwinds.

"It smells like dry root, like anearthy smell," she said.

Even with 55 years' experience,she says peyote "plays tricks" on her.Sometimes she crosses a cluster ofpeyote to pick later, but when shereturns the peyote is gone.

Native American Churchmembers, who routinely recountsimilar stories, attribute these"disappearances" to the spiritualpowers of the cactus.

Salvadore Johnson, 47, who beganharvesting 33 years ago, said hebelieves peyote Is sacred.

"I have learned to understandpeyote, and I appreciate what It hasdone for my family," be said.

Because he has devoted his life tocaring for peyote, he said, it has'looked after his family's health andwell-being.

Mr. Johnson, a Latino proud of hisMexican Indian heritage, is one offew distributors who haveworshiped with Native AmericanChurch members. A ceremonialgourd used to accompany peyotesongs hangs in the living room of his

LEGISLATING PEYOTEA bill pending in Congress would legalize the sacramental use of peyotein all 50 states for people who are at least one-quarter American Indian.Currently, peyote used in bona fide religious ceremonies is protected bylegislation or court rulings in 28 slates. In the 22 other states, membersof the Native American Church, a peyote-based religion, are subject toarrest, prosecution and imprisonment.

Protected use Unprotected use

«""'

Note: Nebraska is one of the 22 stateswithout a peyote law. However, religioususe of peyote is protected on the state'sthree reservations through a federal code.

SOURCE: Native American flights Fund

The Dallas Morning News

Mirando City home."Our life is very, very much the

same as an Indian's life," Mr.Johnson said of Hispanics in the RioGrande Valley.

Driving down the narrow, ruttedroad to a peyote field, Mr. Johnsonsaid he sees nc difference between

sacramental use of peyote and wineused in his Catholic Church.

"We have santos that we pray tofor different things," he said. "TheIndians have peyote."

Gazing into the fields, he said,"Do I believe this place is holy?

"I believe sV'