ONAC Member Legal Rights

Oklevueha Member Legal Rights

 On Bench – Paiute Chief – Gary Lee Tom (L), Chief Richard Swallow (C), James Warren ‘Flaming Eagle’ Mooney (R)

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To insure the legality of the Native American Church, a number of Counties of South Dakota incorporated their Native American Churches including the Lakota Sioux Rosebud Reservation on July 26, 1924  and Pine Ridge ‘Porcupine’ Reservation on March 20, 1936.  Wounded Knee sits between these two Lakota Sioux American Native Communities.

Actions. Laws and Policies during the period from 1876 to 1887 sought to deal with the “Indian Problem”. Two contending philosophies seemed to take turns granting privileges  and giving supplies to American Natives and then trying to destroy their culture by restricting or outlawing their traditions, land use and ceremonies and by breaking or rescinding treaties that granted them lands, privileges or citizenship. Some of these Acts made specific reference to the Rosebud Reservation and their approach to spirituality and healing, signifying that Rosebud Reservation Spirituality is interwoven with the mother earth and the gifts she brings to us. The United States Government, in essence, recognized Rosebud Reservation spirituality as a church without it being incorporated.  Therefore when the Rosebud Reservation Spirituality incorporated in 1924, this made the Rosebud Reservation Native American Church an unquestionable Earth Based Healing Religion. Subsequent court actions as noted on this page have solidified that model of spiritual activities and ceremonies as protected under the Constitution as is any other recognized religion.

When Leslie Fool Bull, then President of the Native American Church Rosebud of South Dakota, blessed James Warren ‘Flaming Eagle’ Mooney and Oklevueha Earthwalks Native American Church of Utah Inc. (Oklevueha Native American Church, Incorporated April 11,1997 and Registered with the United States Government as a Native American  Church, Federal Employee Number 841-402-813), he included the Oklevueha Native American Church within the Rosebud Reservation Spirituality Free Church status as of March 20, 1998.

Richard ‘He Who Has the Foundation’ Swallow, Nephew of Leslie Fool Bull and the President of the Native American Church Rosebud of South Dakota, confirmed the authenticity of Leslie Fool Bull’s blessing.  Richard also Sustained James Warren ‘Flaming Eagle’ Mooney and the Chief Executive Officer of Oklevueha Native American for the remainder of his life, August 19, 2007.

On December 17, 2007, the Lakota Sioux Nation Native American Church and Oklevueha EarthWalks Native American Church of Utah Inc. of the United States merged into the Oklevueha Lakota Sioux Nation Native American Church (Oklevueha Native American Church)

Upon the Incorporation of the first Native American Church (1918), the BIA, with it’s massive influence within the Government Agencies, positioned themselves as the representatives for the Native American Church.  When the public became aware of the illegal positioning of this government agency, laws specifically designed to stop this defamation of the Native American Church started with the Indian Civil Rights Act of (ICRA) 1968. Three decades later in 1997, the Religious Freedom Restoration Act (RFRA) was subsequently denounced as unconstitutional.

This, in part, came about because the Oregon v. Smith ruling caught the attention of the legal authorities of the Church of Jesus Christ of Latter-day Saints (LDS), the Roman Catholic Church (Catholic Church) and Judaism.  These often persecuted religions in the United States and around the world, came to realize if the Native American Church was denied a ‘government compelling interest standard’ to participate in their religious ceremonies within the borders of the United States, it would put their own religions in jeopardy of being denied their civil liberties. Consequently, 10 years later in 2000, the Amendment to RFRA, known as the Religious Land Use and Institutionalized Persons Act of 2000 (RLUAIPA) was signed into law September 22, 2000.

Now, all references to a specific religion could no longer infer a racial standard and the word Sacrament and/or type of Sacrament was omitted. This means all races…if moved to participate…can become members of Oklevueha Native American Church and what is used as a holy sacrament   To continue to page three, click here.


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