STATEMENT OF REUBEN A. SNAKE, JR. (1937 - 1993)
COORDINATOR, NATIVE AMERICAN RELIGIOUS FREEDOM PROJECT
AT A GATHERING OF NATIVE AMERICAN RELIGIOUS LEADERS
AT THE U.S. CAPITOL TO OBTAIN GUARANTEES OF RELIGIOUS
LIBERTY
SEPTEMBER 29, 1990
WASHINGTON, D.C.
SENATOR INOUYE, CHURCH PRESIDENT EMERSON JACKSON,
HONORED GUESTS, AS AN AMERICAN IT IS INSPIRING TO STAND
HERE AT THE FOOT OF THE U.S. CAPITOL TO EXERCISE TWO
OF OUR BASIC AMERICAN RIGHTS, THE FREEDOM OF SPEECH,
AND THE RIGHT TO PETITION THE GOVERNMENT FOR A REDRESS
OF GRIEVANCES.
NATIVE AMERICANS HAVE BEEN ASSOCIATED WITH THE LIBERTY
OF THE AMERICAN PEOPLE SINCE THE FOUNDING OF THE NATION.
IN 1773, AT THE BOSTON TEA PARTY, THE EARLY PROTESTORS
AGAINST BRITISH ROYAL TYRANNY DRESSED AS MOHAWKS BECAUSE
INDIANS, IN ENGLAND AND IN EUROPE, WERE A SYMBOL OF
AMERICAN LIBERTY. INDIANS, AND OUR WAY OF LIFE, WERE
THE VERY SYMBOL OF AMERICAN LIBERTY ADOPTED BY THE EARLIEST
AMERICAN REVOLUTIONARIES.
BUT FOUR OR FIVE CENTURIES BEFORE THAT DRAMATIC EVENT,
EVEN BEFORE CHRISTOPHER COLUMBUS SAILED FROM SPAIN,
THE FIVE NATIONS OF THE IROQUOIS CONFEDERACY FORMED
A GOVERNMENT UNDER A CONSTITUTION CALLED THE GREAT LAW
OF PEACE. CONSIDER SOME OF THE ENLIGHTENED FEATURES
OF THAT GOVERNMENT -- PARLIAMENTARY-TYPE GOVERNMENT,
SEPARATION OF POLITICS AND RELIGION, SEPARATION OF CIVIL
AND MILITARY GOVERNMENT, THE CONCEPT OF CHECKS AND BALANCES,
VETO, REFERENDUM, AND SO FORTH. THOSE GOVERNMENTAL CONCEPTS
WERE SO REMARKABLE, BOOKS WERE WRITTEN ABOUT THEM IN
THE EUROPEAN LANGUAGES. THESE CONCEPTS BECAME KNOWN
TO JOHN LOCKE AND JEAN-JACQUES ROUSSEAU, EUROPEAN POLITICAL
PHILOSOPHERS WHOSE WRITINGS ARE CITED IN IDENTIFYING
THE SOURCES OF THE U.S. CONSTITUTION.
THE FREE EXERCISE OF RELIGION WAS AMONG THE MANY FEATURES
OF THAT GREAT NATIVE AMERICAN GOVERNMENT, AND THE FREEDOM
OF RELIGION IS ONE WHICH MANY OF US TAKE FOR GRANTED
TODAY.
ON SEPTEMBER 15, 1620, ENGLISH SUBJECTS SAILED FROM
PLYMOUTH, ENGLAND, TO SEEK REFUGE FROM RELIGIOUS PERSECUTION.
THE STORY OF THE PURITAN PILGRIMS LANDING AT PLYMOUTH
ROCK IN MASSACHUSETTS TO ACHIEVE RELIGIOUS FREEDOM IS
ONE OF THE BEST KNOWN STORIES IN AMERICAN HISTORY.
IT IS TRAGIC TO SAY HOWEVER, THAT WE ARE NOW IN A
SITUATION IN THE UNITED STATES OF AMERICA WHERE WE CAN
NO LONGER TAKE SUCH A FUNDAMENTAL RIGHT, THE FREE EXERCISE
OF RELIGION, FOR GRANTED.
AS VENERABLE AS THE HERITAGE OF RELIGIOUS LIBERTY
HAS BEEN IN AMERICA, RELIGIOUS LIBERTY IS NOW IN JEOPARDY
FOR ALL MINORITY RELIGIONS.
LAST APRIL, IN THE CASE OF OREGON v. SMITH [494 U.S.
872, 110 S. Ct. 1595, 108 L. Ed. 2d 876, 1990 U.S. LEXIS
2021 (1990)], A CASE INVOLVING NATIVE AMERICAN RELIGIOUS
LIBERTY, THE U.S. SUPREME COURT THREW OUT ITS LONG STANDING
PRECEDENTS AND DECLARED THAT NO LONGER DOES THE GOVERNMENT
HAVE TO SHOW THAT LAWS WHICH BURDEN AND RESTRICT RELIGIOUS
LIBERTY MUST BE JUSTIFIED BY A COMPELLING GOVERNMENT
INTEREST. EVEN VERY LARGE RELIGIOUS ORGANIZATIONS ISSUED
PROTESTS AND SOUGHT A REHEARING IN THE COURT. THE BAPTISTS,
THE METHODISTS, JEWISH GROUPS, DOZENS OF RELIGIOUS GROUPS,
AND OVER 50 OF AMERICA'S MOST DISTINGUISHED CONSTITUTIONAL
LAW PROFESSORS SOUGHT A REHEARING OF THE COURT'S DECISION.
BUT CONSIDER THE IMPLICATIONS OF THIS CASE FROM OUR
PERSPECTIVE. THE U.S. SUPREME COURT REVERSED A LONG
LINE OF SETTLED CASES IN ORDER TO RULE THAT THE USE
OF THE SACRAMENT OF NATIVE AMERICAN WORSHIP, THE HOLY
MEDICINE, PEYOTE, IS NOT PROTECTED UNDER THE FIRST AMENDMENT
OF THE CONSTITUTION. THEY SAID, IN OUR CASE, OUR RELIGIOUS
EXERCISES, OUR FORM OF WORSHIP, THE USE OF OUR HOLY
SACRAMENT, IS NOT PROTECTED BY THE CONSTITUTION. THE
COURT SAID THAT NATIVE AMERICANS, WHO HAVE ENJOYED RELIGIOUS
LIBERTY ON THIS LAND SINCE BEFORE THE PILGRIMS FLED
HERE, ARE NO LONGER ENTITLED TO RELIGIOUS LIBERTY.
THIS TRAMPLING OF NATIVE AMERICAN RELIGIOUS LIBERTY
IS INTOLERABLE. OUR PEOPLE HAVE BEEN USING THE HOLY
MEDICINE, PEYOTE, FOR THOUSANDS OF YEARS, THOUSANDS
OF YEARS.
FOR THE LAST TWENTY YEARS, THE AMERICAN PEOPLE HAVE
BEEN SUFFERING AN EPIDEMIC OF ABUSE OF REFINED CHEMICAL
DRUGS LIKE COCAINE, HEROIN, AMPHETAMINES, PCP, AND SO
FORTH. AMERICAN CITIES ARE CRAWLING WITH VIOLENCE AND
CRIME. THIS IS A TERRIBLE TRAGEDY, AND THIS KIND OF
DRUG ABUSE IS ALSO A PROBLEM FOR SOME INDIAN YOUTH.
BUT THERE IS NO PEYOTE DRUG ABUSE PROBLEM. I DEFY
THE JUSTICES OF THE SUPREME COURT TO FIND NEWSPAPER
REPORTS OF DRIVE-BY SHOOTINGS IN CONNECTION WITH THE
HOLY MEDICINE. I CHALLENGE ANYONE CONCERNED ABOUT THE
PROBLEM OF DRUG ABUSE TO FIND EXAMPLES OF DOPE PEDDLERS
SELLING THE HOLY MEDICINE IN AMERICA'S SCHOOL YARDS
AND PLAY GROUNDS. THE IDEA IS PREPOSTEROUS. WE DON'T
HAVE A PEYOTE ABUSE PROBLEM IN THIS NATION.
YET THE WIDESPREAD FEAR, BORDERING ON PANIC, ABOUT
THE TRAGEDY OF DRUG ABUSE HAS CLOUDED THE MINDS OF THE
JUSTICES. IN THE NAME OF THE WAR ON DRUGS, OUR USE OF
OUR HOLY MEDICINE IS RESTRICTED. IN THE NAME OF THE
WAR ON DRUGS, OUR GUARANTEE OF FREE EXERCISE OF RELIGION
HAS BEEN VIOLATED. IN THE NAME OF THE WAR ON DRUGS,
THE RELIGIOUS FREEDOM OF EVERY AMERICAN HAS BEEN PLACED
IN JEOPARDY.
THE CONSEQUENCES ARE OUTRAGEOUS. FOR DECADES NATIVE
AMERICANS HAVE ENDURED THE HARASSMENT AND PERSECUTION
OF LAW ENFORCEMENT AUTHORITIES IGNORANT OF, OR INDIFFERENT
TO, OUR ANCIENT WAYS OF WORSHIP. THE LAW REPORTS ARE
FILLED WITH TRAGIC CASES OF OUR MEN AND WOMEN DRAGGED
FROM WORSHIP, OR FROM THEIR HOMES, TO JAIL CELLS AND
TO COURTROOMS, FORCED TO DEFEND THEMSELVES, TO JUSTIFY
THEMSELVES TO THE IGNORANT AND THE CALLOUS. BUT IN THOSE
DEGRADING CIRCUMSTANCES, WE COULD ALWAYS POINT, CONFIDENTLY,
TO THE FIRST AMENDMENT'S GUARANTEES OF FREE EXERCISE
OF RELIGION, AND KNOW THAT ULTIMATELY WE WOULD PREVAIL.
NOW, UNBELIEVABLY, WE ARE NO LONGER ASSURED THAT WE
WILL PREVAIL.
THIS HAS BEEN INTOLERABLE TO US, THIS IS INTOLERABLE
TO US, AND IT IS INTOLERABLE TO EVERY AMERICAN WHO TREASURES
THEIR RIGHT TO WORSHIP GOD WITHOUT GOVERNMENT INTERFERENCE.
IN THE NATIVE AMERICAN CHURCH EVERY DAY IS A HOLY
DAY, BUT TODAY IS SPECIAL. IN THE HEBREW CALENDAR, TODAY
IS YOM KIPPUR, THE DAY OF ATONEMENT, THE MOST SOLEMN
DAY OF JEWISH WORSHIP. MANY JEWISH FRIENDS OF NATIVE
AMERICANS INVITED TO JOIN US THIS MORNING EXPLAINED
THAT THEY COULD NOT WORSHIP WITH US HERE, FOR THEY WOULD
BE IN THEIR OWN TEMPLES IN PRAYER.
FOR MANY OF THE 5741 YEARS OF THE HEBREW CALENDAR,
THE JEWISH PEOPLE HAVE SUFFERED OPPRESSION ON ACCOUNT
OF THEIR RELIGION. TODAY, 199 YEARS AFTER THE AMERICAN
BILL OF RIGHTS WAS ADOPTED, WE ARE THANKFUL THAT THE
JEWISH PEOPLE FEEL FREE TO WORSHIP WITHOUT FEARING GOVERNMENT
HARASSMENT.
BUT LADIES AND GENTLEMEN, TODAY THE 250,000 MEMBERS
OF THE NATIVE AMERICAN CHURCH ARE NOT FREE TO WORSHIP
GOD WITHOUT FEAR OF GOVERNMENT HARASSMENT. CHURCH PRESIDENT
EMERSON JACKSON HAS DECLARED TOMORROW A DAY OF PRAYER
FOR PEACE. TODAY, HUNDREDS OF OUR PEOPLE ARE PREPARING
FOR A NIGHT-LONG NATIVE AMERICAN CHURCH SERVICE AND
PRAYER FOR PEACE. BUT MANY OF OUR ELDERS, WHO HAVE TRAVELED
THOUSANDS OF MILES TO BE HERE TO WORSHIP IN OUR NATION'S
CAPITAL, WHO HAVE EXPERIENCED THE INDIGNITIES OF RELIGIOUS
PERSECUTION, EXPRESSED TO THE ORGANIZERS OF THIS WORSHIP
SERVICE A GREAT FEAR -- WILL WE BE ARRESTED? WILL WE
BE ARRESTED?
WE HAVE HAD TO CALL LAW ENFORCEMENT AUTHORITIES --
ATTORNEYS GENERAL, PROSECUTORS, ASSISTANT STATE'S ATTORNEYS,
NARCOTICS UNITS -- AROUND THE REGION TO ASSURE OURSELVES
THAT OUR WORSHIP WILL PROCEED UNDISTURBED BY THE HIDEOUS
SPECTER OF A POLICE RAID.
I ASK MY BROTHERS AND SISTERS WHO ARE CHRISTIANS,
MY BROTHERS AND SISTERS WHO ARE MOSLEM, MY BROTHERS
AND SISTERS WHO ARE HINDUS, MY BROTHERS AND SISTERS
WHO ARE BUDDHISTS, MY BROTHERS AND SISTERS WHO ARE JEWISH,
DO ANY OF YOU WORRY THAT YOUR WORSHIP SERVICES WILL
BE RAIDED BY THE POLICE? DO ANY OF YOU FEEL IT NECESSARY
TO CALL THE POLICE IN ORDER TO SET UP A WORSHIP SERVICE?
DO ANY OF YOU HAVE TO EXPLAIN TO LAW ENFORCEMENT OFFICERS
THAT YOU HAVE A RIGHT TO WORSHIP YOUR GOD IN YOUR OWN
MANNER?
I ASK MY BROTHERS AND SISTERS WHO ARE CHRISTIANS,
DO YOU NEED PERMISSION FROM YOUR STATE ALCOHOLIC BEVERAGE
CONTROL COMMISSION TO GIVE SACRAMENTAL WINE TO COMMUNICANTS
UNDER THE AGE OF 21? DO YOUR PRIESTS NEED LICENSES FROM
THE GOVERNMENT TO PERFORM A MASS? OF COURSE NOT, BUT
UNDER THE SMITH DECISION, THAT SHOCKING POSSIBILITY
MAY YET COME TO PASS.
I ASK MY BROTHERS AND SISTERS, WHEN THEY TELL THEIR
CHILDREN ABOUT THEIR RELIGIOUS RITES, DO THEY HAVE TO
WARN THEIR LITTLE ONES ABOUT THE POLICE? DO THEY HAVE
TO EXPLAIN THAT THEY SHOULD NOT BE ASHAMED BECAUSE OF
THE SPECIAL POLICE "INTEREST" IN THEIR WORSHIP?
I ASK THE AMERICAN PEOPLE, DOES THIS SOUND LIKE THE
RELIGIOUS LIFE WE EXPECT TO LIVE IN THE UNITED STATES
OF AMERICA?
WELL MY BROTHERS AND SISTERS, THIS UNBELIEVABLE CONDITION
BURDENS OUR WORSHIP. THIS RELIC OF PREJUDICE BURDENS
OUR WORSHIP. THIS GOVERNMENT INVOLVEMENT IN OUR RELIGION
BURDENS OUR WORSHIP, AND IT IS INTOLERABLE.
TODAY, AT THE HIGHEST POINT IN WASHINGTON, OVERLOOKING
OUR LITTLE PRESS CONFERENCE, THE NATIONAL CATHEDRAL
IS BEING DEDICATED. TODAY THE LAST STONE IS BEING PLACED
IN THAT BEAUTIFUL MONUMENT TO THE CENTRAL IMPORTANCE
OF GOD AND PRAYER IN AMERICAN LIFE.
IT IS PROFOUNDLY IRONIC THAT JUST AS THAT GLORIOUS
CATHEDRAL IS BEING COMPLETED AND DEDICATED IN OUR NATION'S
CAPITAL, THE U.S. SUPREME COURT HAS JEOPARDIZED THE
STATUS OF EVERY MINORITY RELIGION, AND IT HAS DONE SO
IN A CASE INVOLVING NATIVE AMERICAN CHURCH MEMBERS USING
THE HOLY SACRAMENT OF OUR CHURCH.
WE ARE HERE TODAY WITH ONE SIMPLE MESSAGE -- WE DEMAND
THAT OUR USE OF OUR SACRAMENT, THE HOLY MEDICINE PEYOTE,
BE FULLY PROTECTED BY LAW WITHOUT QUALIFICATION. WE
ASK NO MORE, WE EXPECT NO MORE, AND WE ARE ENTITLED
TO NOTHING LESS!
WHY MUST WE STAND HERE AND DEFEND OUR RELIGION? WHY
MUST WE TELL YOU THAT OUR CHURCH IS A GOOD CHURCH? WHY
MUST WE TELL YOU THAT WE DO NOT TOLERATE DRUG ABUSERS
OR ALCOHOLICS IN OUR CHURCH?
WE ARE REDUCED TO THIS POSTURE BECAUSE OF LAWS PASSED
AND ENFORCED IN AN ATMOSPHERE OF ALMOST TOTAL IGNORANCE
ABOUT NATIVE AMERICANS. PERHAPS WE SHOULD NOT BE SURPRISED.
LIKE MOST AMERICANS WE LIKE TO GO ABOUT OUR BUSINESS
QUIETLY AND WITHOUT DRAWING ATTENTION TO OURSELVES.
ONE OF THE CENTRAL TEACHINGS OF OUR CHURCH IS HUMILITY.
WE HAVE NEVER HELD A PRESS CONFERENCE BEFORE. WE HAVE
NEVER DRAWN ATTENTION TO OURSELVES BEFORE. WE ARE UNCOMFORTABLE
THIS MORNING, BUT TO PROTECT OURSELVES, WE HAVE A DUTY.
WE ARE HERE TODAY TO TELL THE AMERICAN PEOPLE THAT OUR
WORSHIP IS SACRED, IT IS LEGITIMATE, IT IS PROFOUND,
IT IS GOOD, IT IS WONDERFUL IN THE EYES OF GOD, IT IS
WONDERFUL FOR OUR PEOPLE, AND WE MUST, WE MUST PRAY
THE WAY GOD HAS TAUGHT US.
AMERICANS, YOU HAVE TAKEN MUCH FROM US. YOU HAVE BENEFITED
FROM US IN MANY WAYS. YOU HAVE LEFT US LITTLE LAND,
YOU HAVE TAKEN AWAY OF TRADITIONAL LIVELIHOODS. DO NOT
ALLOW THE GOVERNMENT TO TAKE OUR RELIGIOUS FREEDOM AWAY.
WE URGE YOU TO JOIN US IN SUPPORTING THE "RELIGIOUS
FREEDOM RESTORATION ACT OF 1990," H.R. 5377. BUT THIS
IS ONLY A FIRST STEP. THE BILL DOES NOT GO FAR ENOUGH.
IT DOES NOT SPECIFICALLY PROTECT OUR WORSHIP, THE ONE
THAT THE SUPREME COURT CHOSE TO DISREGARD AND DENY PROTECTION.
WE URGE THAT THE BILL BE AMENDED TO SPECIFICALLY PROTECT
NATIVE AMERICAN RELIGIOUS FREEDOM.
THAT IS NOT TOO MUCH TO ASK. SOON WE WILL BE RETURNING
TO OUR HOMES ACROSS AMERICA AND TO OUR CHILDREN AND
GRANDCHILDREN. WE WILL SAY WE ENGAGED IN THE POLITICAL
PROCESS, WE SPOKE TO THE AMERICAN PEOPLE AND TO THE
NATIONAL NEWS MEDIA. WE WENT TO WASHINGTON, AND WE TOLD
OUR STORY.
CAN WE TELL OUR CHILDREN, "WE SUCCEEDED, YOU ARE NOW
SAFE"? CAN WE TELL OUR CHILDREN, "WE HAVE BROUGHT BACK
FOR YOU THE SECURITY, THE SAFETY, THE CERTAINTY THAT
YOU, OUR CHILDREN, AND YOUR CHILDREN CAN WORSHIP GOD
AS WE HAVE BEEN TAUGHT"?
IT IS OUR PRAYER THAT WE CAN!
