Utah high court to hear arguments on peyote use by non-Indians

By The Associated Press

01.11.02

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SALT LAKE CITY — The Utah Supreme Court has agreed to hear arguments on whether non-Indians may use peyote in religious ceremonies.

The issue arose from the prosecutions of two men charged with drug distribution: James "Flaming Eagle" Mooney in Utah County and Nicholas Stark in Weber County.

American Indians are allowed to use peyote for religious purposes in conjunction with ceremonies of the Native American Church.

Mooney and Stark are not members of federally recognized tribes, but they contend the U.S. and Utah constitutions guarantee freedom of religion to everyone — regardless of tribal ties.

They contend that means everyone has the right to participate in the ceremonial use of peyote.

Attorney Ronald Yengich argued on behalf of Stark in 2nd District Court last year, "Once (the government) gives an exemption to an established religion, it must be extended to everybody."

Attorney Kathryn Collard said on Mooney's behalf in 4th District Court, "It's a terrible irony that a state founded on religious freedom ... would try to regulate a church's membership."

Deputy Weber County Attorney Richard Parmley countered that the federal law allowing peyote use was not written to protect religious freedom, but rather to "preserve the unique cultural history of the Native American people."

Utah County prosecutor David Wayment said peyote use and abuse would become rampant if anyone could sidestep drug laws simply by claiming church membership.

Most of those who attended Mooney's and Stark's peyote ceremonies were not Indians.

Mooney purchased his peyote from the Department of Public Safety in Texas — the only state in the nation where peyote is legally harvested and sold.

Mooney's attorney filed a pretrial appeal with the Utah Supreme Court, which was accepted last month.

Stark made a similar appeal to the Utah Court of Appeals, which rejected it.

Yengich said this week that Stark would either try to join Mooney's Utah Supreme Court appeal or await the outcome of Mooney's case before proceeding further in the trial court.

The Utah Attorney General's Office did not oppose the appeals, saying that a ruling from the high court could help resolve the cases.

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Utah judge: Federal law allowing peyote use applies only to Native Americans
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