Oklevueha EarthWalks Native American Church : Church loses challenge on peyote case

SALT LAKE CITY (AP) -- A federal judge on Monday refused to intervene in the case against a church that uses the hallucinogen peyote in its ceremonies.

Authorities in Utah County brought criminal charges against James "Flaming Eagle" Mooney, leader of the Oklevueha EarthWalks Native American Church, for allegedly distributing the hallucinogen peyote, made from the flower of a cactus.
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State and federal law specifically exempts members of the Native American Church -- a confederation of American Indian religious groups with no strong centralized leadership -- from the peyote prohibition. Mooney says his church is part of this group, but prosecutors claim that because many members of his church are not Indians, they are breaking the law.

Mooney says he is a Native American, while county prosecutor David Wayment says Mooney is not a member of a federally recognized tribe.
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But Mooney says the use of peyote is central to his faith.

"It's the basic essence of the religion," Mooney said.

He likened the use of peyote in his church to the sacrament taken by Catholics.

"Peyote is the spirit of God the Father and God the Mother," Mooney said.
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