Peyote Vs. the State: Religious Freedom on Trial

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University of Oklahoma Press, Nov 19, 2012 - History - 296 pages

The story of the constitutional showdown over Native Americans’ religious use of peyote

With the grace of a novel, this book chronicles the six-year duel between two remarkable men with different visions of religious freedom in America.

Neither sought the conflict. Al Smith, a substance-abuse counselor to Native Americans, wanted only to earn a living. Dave Frohnmayer, the attorney general of Oregon, was planning his gubernatorial campaign and seeking care for his desperately ill daughters. But before this constitutional confrontation was over, Frohnmayer and Smith twice asked the U.S. Supreme Court to decide whether the First Amendment protects the right of American Indians to seek and worship God through the use of peyote. The Court finally said no.

Garrett Epps tracks the landmark case from the humblest hearing room to the Supreme Court chamber—and beyond. This paperback edition includes a new epilogue by the author that explores a retreat from the ruling since it was handed down in 1990. Weaving fascinating legal narrative with personal drama, Peyote vs. the State offers a riveting look at how justice works—and sometimes doesn’t—in America today.

 

Contents

Prologue Weighed in the Balance
1
Chapter 1 A God I Didnt Understand
7
Chapter 2 Valley of the Shadow
18
Chapter 3 The Last of the Klamaths
37
Chapter 4 East of Eden
60
Chapter 5 The Eagle Feather
82
Chapter 6 Freedom of Religeon
102
Chapter 7 The Wisdom of Solomon
118
Chapter 11 Human Sacrifice
187
Chapter 12 Incidental Burdens
196
Chapter 13 Gideons Army
205
Chapter 14 Simple Gifts
221
Epilogue
240
Notes
255
A Note on Sources
263
Acknowledgments
269

Chapter 8 Five Smooth Stones
132
Chapter 9 Appeal to Caesar
144
Chapter 10 Sins of the Fathers
168

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About the author (2012)

Garrett Epps, the author of four books and a former reporter for the Washington Post, is Professor of Law at the University of Baltimore.

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