Year: 2002
Type: report
Abstract: It is clear that peyote is a controlled substance. It is also clear that as they now exist, the Department of Energy’s (DOE) Criteria and Procedures for Determining Eligibility for Access to Classified Matter or Significant Quantities of Special Nuclear Material (DOE Criteria)1 could be applied to deny access authorization to an individual who uses peyote. That individual could challenge the DOE Criteria under three theories: (1) the application to the individual would violate the free exercise of religion under the First Amendment; (2) if the individual is a Native American, the application would violate the individual’s rights under the American Indian Religious Freedom Amendments Act (AIRFAA); and (3) the application would violate the individual’s rights under the Religious Freedom Restoration Act (RFRA). The first theory has very little chance of success after the Supreme Court’s decision in Employment Division, Department of Human Resources of Oregon v. Smith. The second theory, if asserted by a member of the Native American Church who uses peyote in a traditional religious ceremony, creates a much greater risk because presently the DOE Criteria do not address the express language of the AIRFAA regarding agency regulations and peyote. The third theory creates a risk similar to the second, but it could be asserted by any individual who claims the DOE Criteria impose substantial burden on the exercise of religion.
DOI: 10.2172/795242
Authors: Phillip Kannan, USDOE Office of Nonproliferation and National Security (NN)
Institution: Oak Ridge Institute for Science and Education
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
OpenAlex ID: W4392109171