42: “This Way of Life—The Peyote Way” (1992)28

Reuben Snake

Another long-standing issue that resurfaced during the 1990s involved the sacramental use of peyote, a small spineless cactus that contains hallucinogenic qualities when ingested. The United States government considered it a controlled substance; followers of the peyote way, or the Native American Church, considered it medicine. Some practitioners even treated it, as with the bread of communion in the Protestant and Catholic traditions, as the body of Christ. The American Indian Religious Freedom Act of 1978 (AIRFA) purportedly protected free exercise, but a Supreme Court decision in 1990 found that it did not include peyote. In response, advocates of religious freedom pushed for a congressional amendment to AIRFA that explicitly protected its sacramental use. Reuben Snake (1937–93), a Ho-Chunk who had served in the military and held leadership positions in his nation, the National Congress of American Indians, American Indian Movement, and the Native American Church, played an instrumental role in what would be a successful effort. Consider how Snake talked “the language of the larger world” in his response to charges that peyote represented a dangerous drug that fostered corruption, immorality, and licentiousness.29

Mr. SNAKE. Mr. Chairman, at this time I want to say thank you for the invitation to be present here at this hearing and to give testimony on behalf of a very important part of the Native American community—that is, those of us that adhere to the ages-old, traditional religion of the peyote way, as we call it amongst ourselves, and known in the larger society as the Native American Church. I want to begin by saying that in every organized social order of man there are institutions which are created to create stability within that social structure and to bring harmony to that social structure. This Nation, the United States of America, professes to be a Godly Nation. The national motto of our country is, “In God we Trust.”

Because the vast majority of the citizens of this country originate from the other side of the world, from that part of the world known as Europe, this country has been greatly influenced by the Judeo-Christian philosophy of life. Within the Judeo-Christian philosophy of life, there are ten commandments that were given to humankind so that they could have a harmonious, stabilized social order. In these 10 commandments there are four major concerns about human interaction. These are: Thou shalt not kill, thou shalt not steal, thou shalt not commit adultery, thou shalt not lie, thou shalt not bear false witness. These are the basics upon which the Judeo-Christian way of life has been practiced.

These standards of life are what this country is supposed to be adhering to. When the Supreme Court made its ruling on April 17, 1990, these questions came to my mind when they ruled as they did that somehow or other those of us who use this divine herb, this divine medicine, were somehow not in control of our senses and somehow or other were breaking the law.

These questions came to my mind:

Where in the documentation of the U.S. Drug Enforcement Administration, law enforcement agencies, wherever such records are kept—where is there any documentation that any Native American Church member has ever been convicted of mass murder?30

Where in the documentation is there any evidence that any Native American Church member was convicted of any part of the S&L scandals which have brought economic ruin to our country?31

Where is there any documentation that any Native American Church leader has been accused of sexual harassment of their subordinate staff?32

Where is there any documentation that any Native American Church member was an active player in the CIA/Noriega international drug trafficking activity?33

Where is there any documentation that any Native American Church member was a part of the Iran contra scandal where the top leaders of our Nation lied to you, Senator, to other Members of Congress, and to the American public as to what happened in that situation?34

There is no such documentation that any Native American Church member was involved in the violation of these very basic standards of life: not to kill, not to steal, not to be sexually promiscuous, not to lie. There is no record, because it never happened.

The Native American Church has standards that they teach to every generation, and when you look at the record that exists here in this land within the Indian Nations, many, many of the tribal leaders throughout the United States and Canada and Old Mexico are practitioners of this way of life—the peyote way.

Many, many of our tribes who have lost so much of their ancient tradition have turned to the Native American Church as a means of spiritual health and spiritual wellbeing, and Native American Church leaders provide guidance and counsel and support to many, many of their tribal members.

As you, yourself, have indicated, Native Americans in every conflict, from the first World War up to Desert Storm, have had the highest percentage on a per capita basis of people serving in the Armed Forces. When you look at the record, many, many of these Native American warriors have been active members of the Native American Church.

This is my testimony. In 1952 the President of these United States, Dwight D. Eisenhower, said these words, “Whatever America desires for the world must first come to pass in the heart of America.” Today our national leaders, our President, and members of his Administration, the Secretary of State—they travel to the four corners of the globe professing support of human rights in all the different nations of the world. They say, “Live up to your teachings and protect the human rights of people.” While they are doing that, here within this country the indigenous people of this land continue to suffer these gross injustices and deprivation of our religious freedom.

In closing, I want to say, Senator, quoting Edmund Burke, that the only thing necessary for evil to triumph is for good men to do nothing.