The District Court, Burciaga, Chief Judge, held that: (1) permitting Indians' nondrug 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. Bill of Rights 1st Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or a the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Bill of Rights 1st Amendment.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That henceforth it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites. American Indian Religious Freedom Act.
Notwithstanding any other provision of law, the use, possession, or transportation of peyote by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or any State. Amendment to American Indian Religious Freedom Act
No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution. Religious Land Usage and Institutionalized Persons Act of 2000.