NATIVE AMERICAN CHURCH – Higher Court Rulings 




Unanimous Ruling, November 1, 2005


“The Supreme Court heard oral arguments November 1, 2005, and issued its opinion February 21, 2006, finding that the Government failed to meet its burden under RFRA that barring the substance served a compelling government interest.”


“The court also disagreed with the government’s central argument that the uniform application of the Controlled Substances Act (CSA) does not allow for exceptions for the substance in this case, as Native Americans  are given exceptions to use Peyote, another Schedule I substance“




STATE OF UTAH SUPREME COURT UNANIMOUS RULING, June 22, 2004 - State of Utah v. James W. Mooney, aka James W.B.E. Mooney, Linda T. Mooney, and Oklevueha Earthwalks Native American Church of Utah, Inc.,  


“2 We therefore rule that the exemption is available to all members of the Native American Church“


“We hold that the federal Religious Peyote Exemption found at 21 C.F.R. 1307.31 has been incorporated into the Utah Controlled Substances Act“ 


“On its face, the federal regulation does not restrict the exemption to members of federally recognized tribes. We therefore rule that the exemption is available to all members of the Native American Church“





Memorandum to the Drug Enforcement Administration – 12/07/2000  

“Our research has identified no religious organizations, other than the NAC, which would qualify for the exemption under these or similar procedural and substantive requirements.  It seems unlikely, therefore, that in practice the peyote exemption need be expanded beyond an exemption for the NAC.” 


“If, however, a group does appear which can establish that it is a bona fide religion in which the actual use of peyote is central to established religious beliefs, practices, dogmas, or rituals, your agency is obligated to accord it the exemption under the current statutory scheme.”






“Nowhere is it even suggested that the exemption applies only to Indian members of the Native American Church.  Had the intention been to exclude non-Indian members, as the United States argues, the language of the exemption would have so clearly provided.  Indeed, the federal peyote exemption makes no reference whatsoever to a racial exclusion”  


“The District Court, Burciaga, Chief Judge, held that: (1) permitting Indians’ non-drug use of peyote in bona fide religious ceremonies of Native American church, but prohibiting such use by non-Indians, would violate free exercise and equal protection clauses; (2) compelling interest test applied to free exercise challenge to prosecution of non-Indian member, and (3) prosecution would violate free exercise clause. Motions granted..“


Return to Membership


© 2007-2018 by Oklevueha Native American Church of Acts, Prairie Creek Settlement


All of the areas of our site were created with the intention to offer you as many of the pertinent articles, videos, links and information that served for us as breadcrumbs marking out the path we have traveled to arrive where we are today. This road map of sorts we offer you here is designed to bring you along the path we ourselves have traveled so that should you desire to take our AncientWay Living™ Courses, Join the Ubuntu Village here, Become a Member of our Oklevueha Native American Church or just share in general discussion with us, should we meet someday, then there may exist a good basis from which to mutually benefit one another in productive and informative conversation.


All of our AncientWay Living™ Courses are structured with the concepts presented within our site and these concepts are built into the foundation of our courses. Think of the information presented here as a form of "Required Reading" if you want to get the most out of your interactions with us. We then expand upon these concepts and practices with additional wisdom based in Nature and Ancient Practices to enhance the existing models.

This is also the basis from which many of the practices carried out within the Ubuntu Village 'Prairie Creek Settlement' can be best understood.

NOTE: It is critically important to understand that we do not necessarily endorse ALL of the information presented as conclusive or complete. Rather as stated before we have discovered wisdom and a place from which to formulate new "old" ideas and grow from in most cases.


We hope you enjoy reviewing our journey and we look forward to connecting with all who have "walked a (virtual) mile in our shoes" to discover where we resonate with one another.

~Walk Sacred~



This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. I am making such material available in my efforts to advance understanding of issues of environmental and humanitarian significance. I believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

  • Facebook Clean
  • Pinterest Clean
  • Twitter Clean
  • Google Clean
  • RSS Clean