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If we assume for the sake of argument that MichaelGG is a Native American who is a member of a recognized tribe, I believe that "If tonight I get a vision that

by Crito 13y ago

If we assume for the sake of argument that MichaelGG is a Native American who is a member of a recognized tribe, I believe that "If tonight I get a vision that mandates I must use this chemical with my followers, I don't qualify." would still be true. I believe that if he started a new religion in his tribe, he wouldn't automatically have a right to use peyote as other 'recognized' Native American religions do. From wikipedia: "Congress passed an amendment to the American Indian Religious Freedom Act of 1978 (42 U.S.C. § 1996), i.e., the American Indian Religious Freedom Act Amendments of 1994 (42 U.S.C. § 1996a), pertinent excerpts of which are given below: Use, possession, or transportation of peyote 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. No Indian shall be penalized or discriminated against on the basis of such use, possession or transportation, including, but not limited to, denial of otherwise applicable benefits under public assistance programs. —42 U.S.C. 1996A(b)(1)." Note that "bona fide" and "traditional" language.

jljljl 13y ago
There is no list of "recognized" religions kept anywhere. "Bona Fide" means "honestly or sincerely", and is in there to prevent people who are caught with peyote from insincerely claiming a religious exemption as a get out of jail free card. You are probably going to ask who decides if use of peyote is actually protected under this act or not. The answer seems to be a jury of one's peers. Laws are often written to provide guidance for how one's actions should be judged, and do not provide a detailed "if-then" case for their application. Whether or not peyote should just be fully legalized across the country is a different question.
- Crito 13y ago
  > There is no list of "recognized" religions kept anywhere. Recognition of your religion would likely be determined at the time of your trial. Should that be the courts right? I would argue no.
  - jljljl 13y ago
    No. It would not. The court has no right to decide if your religion is legitimate or not. The IRS and the government does recognize certain religious _organizations_ (e.g. churches for tax exemptions), but the state cannot pass any judgement on the underlying belief system when they recognize these institutions. This is what the Establishment Clause clearly protects. Sources: http://www.irs.gov/irm/part7/irm_07-025-003.html#d0e1146 http://www.irs.gov/irm/part7/irm_07-025-003.html#d0e1146 http://en.wikipedia.org/wiki/Establishment_Clause http://en.wikipedia.org/wiki/Establishment_Clause

by Crito 13y ago

jljljl 13y ago

There is no list of "recognized" religions kept anywhere. "Bona Fide" means "honestly or sincerely", and is in there to prevent people who are caught with peyote from insincerely claiming a religious exemption as a get out of jail free card. You are probably going to ask who decides if use of peyote is actually protected under this act or not. The answer seems to be a jury of one's peers. Laws are often written to provide guidance for how one's actions should be judged, and do not provide a detailed "if-then" case for their application. Whether or not peyote should just be fully legalized across the country is a different question.

Crito 13y ago
> There is no list of "recognized" religions kept anywhere. Recognition of your religion would likely be determined at the time of your trial. Should that be the courts right? I would argue no.
- jljljl 13y ago
  No. It would not. The court has no right to decide if your religion is legitimate or not. The IRS and the government does recognize certain religious _organizations_ (e.g. churches for tax exemptions), but the state cannot pass any judgement on the underlying belief system when they recognize these institutions. This is what the Establishment Clause clearly protects. Sources: http://www.irs.gov/irm/part7/irm_07-025-003.html#d0e1146 http://www.irs.gov/irm/part7/irm_07-025-003.html#d0e1146 http://en.wikipedia.org/wiki/Establishment_Clause http://en.wikipedia.org/wiki/Establishment_Clause