Religious Freedom and Indian Rights The Case of Oregon v. Smith Carolyn N. Long November 2000 264 pages, 5-1/2 x 8-1/2 Landmark Law Cases and American Society Cloth ISBN 978-0-7006-1063-1, $35.00 Paper ISBN 978-0-7006-1064-8, $14.95 The Supreme Court's controversial decision in Oregon v. Smith sharply departed from previous expansive readings of the First Amendment's religious freedom clause and ignited a firestorm of protest from legal scholars, religious groups, legislators, and Native Americans. Carolyn Long provides the first book-length analysis of Smith and shows why it continues to resonate so deeply in the American psyche. In 1983, Klamath Indian Alfred Smith and his co-worker Galen Black were fired as counselors from a drug rehabilitation agency for using peyote, a controlled substance under Oregon law, in a religious ceremony of the Native American Church. Both were subsequently denied unemployment benefits, which the State of Oregon claimed was permissible under its police powers and necessary in its effort to eradicate drug abuse. But Smith and Black argued that the denial of unemployment benefits constituted an infringement of their religious freedom. Long traces the tortuous path that Smith followed as it went from state courts to the Supreme Court and then back again. A major event in Native American history, the case attracted widespread support for the Indian cause from a diverse array of religious groups eager to protect their own religious freedom. It also led to an intense tug-of-war between the Court and Congress, which fought back with amendments to the American Indian Religious Freedom Act (to protect the religious use of peyote) and the Religious Freedom Restoration Act of 1993, which protected religious freedom for all Americans. The Court subsequently ruled the latter act unconstitutional in Boerne v. Flores (1997). Drawing on interviews with Smith and his family, as well as with lawyers, judges, and congressional and interest group representatives involved in this struggle, Long takes the reader from the rituals of a peyote religious ceremony to the halls of government to reveal the conflicting interests in this key First Amendment case. She also clarifies how the Court reversed longstanding precedent by replacing the balancing test of "compelling state interest" and "least restrictive means" with a new "reasonable basis" argument that could be used to curtail religious practices well beyond those of the Native American church. Ultimately, the Supreme Court ruled that the First Amendment protection of religious freedom applies only to laws that specifically target religious behavior and that an individual's religious beliefs do not excuse one from complying with statutes that indirectly infringe on their religious rights. Engagingly written, Long's study highlights the resultant struggles, but without ever losing sight of the rich human dimensions of the story. "Carolyn Long nimbly analyzes the jumbled issues of religion, Native American rights, drug use, state authority, and congressional activism to produce an arresting analysis of one of the Supreme Court's landmark cases of modern religious liberty."--Kermit Hall, author of The Magic Mirror: Law in American History "What makes this excellent book especially gripping is its human dimension: the actual people--and their networks of associations, including the Native American churches--behind the litigation."--Sanford Levinson, author of Constitutional Faith "A superbly researched and carefully crafted history."--John R. Wunder, editor of Native Americans and the Law CAROLYN N. LONG is an assistant professor of political science and director of the Master of Public Affairs Program at Washington State University at Vancouver.   Home | About the Press | Recent Awards | Contact Us | Order New Books: | By Author | By Subject | By Title | By Series Books in Print: | By Author | By Subject | By Title | By Series ©2007 University Press of Kansas 2502 Westbrooke Circle, Lawrence, KS 66045-4444 Phone (785) 864-4155; Fax (785) 864-4586