Laws for State; Federal; Tribal; International;

*Native American Church of Turtle Island

Our founding member is an enrolled member of the Sault Ste Marie Tribe of Chippewa Indians which is one of the listed 574 United States Government Federally Recognized Sovereign Tribes, enrollment number #4850

The Native American Church of Turtle Island IS registered as a religious organization Non Profit with federal government IRS Tax Exempt Status and equally as other non profits that aren't spiritual, but have 501c3 Tax Exempt Status. Churches are automatically exempt from the IRS.

Sault Ste Marie Tribe of Chippewa Indians Tribal Code:

23.108 Religious or Ceremonial Use of Natural Resources

http://www.saulttribe.com/images/government/Constitution_amended_2010.pdf

ARTICLE VIII - BILL OF RIGHTS

All members of the Sault Ste. Marie Tribe of Chippewa Indians shall be accorded equal protection of

the law under this constitution. No member shall be denied any of the rights or guarantees enjoyed by

citizens under the Constitution of the United States, including but not limited to freedom of religion

and conscience, freedom of speech, the right to orderly association or assembly, the right to petition for

action or the redress of grievances, and due process of law. The protection guaranteed to persons by Title

II of the Civil Rights Act of 1968 (82 Stat. 77) against actions of an Indian entity in the exercise of its

powers of self-government shall apply to members of the tribe.

https://narf.org/nill/codes/sault_ste_marie/index.html

https://www.justia.com/native-american-law/religious-freedom-for-native-americans/

American Indian Religious Freedom Act

The American Indian Religious Freedom Act, Public Law No. 95–341, 92 Stat. 469, codified at 42 U.S.C. § 1996, is a United States federal law, enacted by joint resolution of the Congress in 1978. Prior to the act, many aspects of Native American religions and sacred ceremonies had been prohibited by law.

1978: American Indian freedom of religion legalized

The American Indian Religious Freedom Act legalizes traditional spirituality and ceremonies, overturning local and state regulations still on the books banning American Indian spiritual practices. American Indians are the only Americans whose religious practice is covered by a law other than the First Amendment of the U.S. Constitution.

“During the 1970s Congress investigated allegations that Indian religious practices were being severely disrupted, often unintentionally, by state and federal laws and by the actions of government officials. The House of Representatives issued a report that substantiated these claims. The report found that Indians were often prevented from visiting their sacred sites, denied the use of religious sacraments, and kept from performing services in their traditional manner.

https://www.congress.gov/bill/103rd-congress/house-bill/1308#:~:text=Religious%20Freedom%20Restoration%20Act%20of%201993%20%2D%20Prohibits%20any%20agency%2C%20department,government%20may%20burden%20a%20person's

Religious Freedom Restoration Act of 1993 - 

Prohibits any agency, department, or official of the United States or any State (the government) from substantially burdening a person's exercise of religion even if the burden results from a rule of general applicability, except that the government may burden a person's exercise of religion only if it demonstrates that application of the burden to the person: (1) furthers a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.

Sets forth provisions pertaining to judicial relief, attorney's fees, and applicability.

https://www.ohchr.org/en/special-procedures/sr-religion-or-belief

Declares that: (1) nothing in this Act shall be construed to interpret the clause of the First Amendment to the Constitution prohibiting the establishment of religion; (2) the granting of government funding, benefits, or exemptions, to the extent permissible under that clause, shall not constitute a violation of this Act; and (3) as used in this Act, "granting" does not include the denial of government funding, benefits, or exemptions.

http://www.doi.gov/iacb/act

Indian Arts and Crafts Act (IACA) of 1990 (P.L. 101-644);

is a truth-in-advertising law that prohibits misrepresentation in the marketing of Indian art and craft products within the United States. It is illegal to offer or display for sale, or sell, any art or craft product in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States. For a first time violation of the IACA, an individual can face civil or criminal penalties up to a $250,000 fine or a 5-year prison term, or both. If a business violates the IACA, it can face civil penalties or can be prosecuted and fined up to $1,000,000.

https://www.justice.gov/olc/opinion/peyote-exemption-native-american-church

Peyote Exemption for Native American Church and other bone-fide religions;

Date of Issuance: December 22, 1981 

Regulation of the Drug Enforcement Administration (DEA) exempting peyote use in connection with the religious ceremonies of the Native American Church (NAC) from the Constitution of the United States First Amendment.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. and sanctions of the Controlled Substances Act of 1970 (CSA), accurately reflects Congress’ intent to exempt the religious use of peyote by the NAC and other bona fide religions in which the use of peyote is central to established religious beliefs, practices, dogmas, or rituals.

https://constitution.congress.gov/constitution/amendment-1/

Constitution of the United States

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Separation of Church and State

https://en.m.wikipedia.org/wiki/Separation_of_church_and_state

The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular state (with or without legally explicit church-state separation) and to disestablishment, the changing of an existing, formal relationship between the church and the state.[1] Although the concept is older, the exact phrase "separation of church and state" is derived from "wall of separation between church and state", a term coined by Thomas Jefferson.