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From the moment the Indigenous Native American Religious Culture (Native American Church) was first incorporated, (1918) elements of our society that gain ideological stature (churches) and commerce (primarily but not limited to land and land resource speculators) have spent billions of dollars in tax revenues and resources to limit and/or suppress the ability of the Native American Church to enjoy their constitutional rights of worship. The honoring and participation in earth based healing and transformation ceremonies, wherein the entire Earth is our holy temple and sanctuary and all things have Great Spirits Presence within them are central to our culture and beliefs.

The leading culprits of this conspiracy to deny the Native American Church of its constitutional rights and religious freedoms (civil liberties) are the Bureau of Indian Affairs (BIA) by influencing other government agencies and other private entities, such as the Native American Rights Fund (NARF) since 1973.

 

 Additionally, many cultural, religious and governmental entities have conspired to deny the Native American Church of its civil liberties since 1824.

 

 The primary objective, from 1824 to December 30, 1890, was to exterminate the entire Indigenous Native American Religious Culture "The Only Good Indian is a Dead Indian" is a phrase which many believed and acted upon. The phrase was based on General Philip Shermans widely reported statement that "The only good Indians I ever saw were dead from 1869". The last United States Government sanctioned murdering of American Native spiritual leaders (Sitting Bull, December 15, 1890 and Big Foot/Spotted Elk, December 30, 1890) and their followers is known as the Wounded Knee Massacre.

 

 Because of public outrage of the slaughtering of American Native Spiritual Leaders, innocent elders, women, and children at the Wounded Knee Massacre, the primary objective was changed to arresting and incarcerating anyone practicing American Native Culture (Ceremonies). They chose instead to reinvigorate the primary intent of the Civilization Fund Act of 1819, by expanding Native American boarding schools, taking Indian children from their families, and placing them in these boarding schools. The authorities of these schools insisted that the children drop their Indian names, forbade the speaking of native languages, and cut off their long hair. Kill the Indian, and Save the Man took the form of a policy that was instituted and continued until the last Indian school was closed in 1973. A book detailing this cultural genocide is Kill the Indian, Save the Man: The Genocidal Impact of American Indian Residential Schools, 2004, by Ward Churchill.

 

 It became obvious that participating in Native American Church ceremonies on Indian Reservations was not safe so gatherings started to be held outside the Indian reservations. In 1918, the BIA petitioned congress to outlaw the entire indigenous American Native Culture. This bill passed through the House of Representatives but was defeated in the Senate. Subsequently in 1918, the Oklahoma American Native Medicine People were successful in the incorporation of their American Native Culture and Ceremonies as the Native American Church. Now their culture would be protected under the First Amendment of the U.S. Constitution, just like all other religions in America are…or so they thought.

 

 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.

 

 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), 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 Bulls 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.

 

 Upon the Incorporation of the first Native American Church (1918), the BIA, with its 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 race if moved to participate can become members of Oklevueha Native American Church and what is used as a holy sacrament can no longer be judged or controlled by government interests.

These latest amendments powerfully erode any efforts of the BIA and NARFs in their attempt to control or deride the Native American Church, especially the ONAC. However, because the BIA and NARF with their massive slanderous political powers, continues to solicit law firms with the same hidden agenda. Much of these efforts are to specifically deprive/violate Oklevueha Native American Church of its civil liberties. Through these efforts, many state and federal attorney general offices and US Forestry offices through out the United States continue to accept the intention of the BIA and NARF in their effort to resist the expansion and enhancement of Oklevueha Native American Church. This takes place through intimidation as a judicial policy of delaying justice in hope of denying justice thus making it nearly impossible for humble citizens to afford a vigorous defense. This judicial policy has obviously been accepted by federal, state and county attorney offices as they continue to refuse defendants their constitutional rights to simply file for a motion to dismiss under the RLUAIPA and the 1st Amendment.

 

 With RLUAIPA established, other manipulative and destructive influences within certain government agencies have been diluted. Continued higher court actions ruling unanimously in favor of the defendants have come about. In the most conservative state in the Union, State of Utah Supreme Court (State of Utah v. James Mooney aka James WFE, Linda Mooney and Oklevueha Earthwalks Native American Church of Utah Inc.) ruled unanimously in favor of the Mooney's. And the United States Supreme Court (UDV v. United States) ruled unanimously in favor of those defendants out of New Mexico.

 

 And as has been already mentioned, other related rulings came in 1990 when the United States Supreme Court eliminated the governments compelling interest standard for the Native American Church (Oregon v. Smith). This ruling came about after the unanimous ruling of Federal 10th Circuit Court of Appeals as United States v. Robert Boyll.

 

In the Mooneys Federal case, agents of the state prosecuting attorneys office withheld exculpatory evidence from     the Federal state of Utah Grand Jury. This state of Utah, with the advisory support of the Bureau of Indian Affairs (BIA), prompted federal indictments that eventually became a failed attempt to discredit James Warren ˜Flaming Eagle" Mooneys authenticity as being a bona fide American Native Medicine man. Because of these illegal acts committed by agents of the state of Utah and Federal Government which included; committing perjury in a federal court hearing, submitting tainted interpretations of interviews and withholding exculpatory evidence from the state of Utah Federal Grand Jury, indictments were signed against the Mooneys.

 

 They, Mooneys were again arrested and jailed with the threat of life imprisonment should they be convicted. After more than six months of investigative efforts (Due Diligence) by Utah Federal Defenders Office, the discoveries of the perjured statements and other illegal activities brought about by state and federal agents were vividly exposed. Because of these criminal acts by the State of Utah and Federal judicial agents, the federal prosecuting attorneys, with the support of the Utah Federal Defenders Office pleaded with federal court judge Ted Stewart to dismiss all indictments, a few days, prior to a scheduled evidential hearing, primarily to keep these facts from entering federal court records. For the first time in the history of the United States judicial system a motion to dismiss was requested and granted prior to a federally scheduled evidential hearing.

 

 Since the judicial clarification of the rights of the Oklevueha Native American Church to receive its constitutional rights (RLUAIPA), to access Indigenous American Native Ceremonial Grounds in worshiping their ancient earth based empowering and healing Ceremonies.

With the declining influence of the BIA and NARF have had on the entire United States Judicial system and other agencies of the United States Government, it is now time that enlightened people gather together, as one immovable force, under the protective umbrella of Oklevueha Native American Church.

All are welcome to become part of Oklevueha Native American Church and its movement to enjoy the freedoms and protections outlined in the 1st. Amendment of the Bill of Rights.

Our Legal Rights, and our  Members Legal Rights

  Locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case. Standing exists from one of three causes:

 

  • The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. This is called the "something to lose" doctrine, in which the party has standing because they directly will be harmed by the conditions for which they are asking the court for relief.

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  • The party is not directly harmed by the conditions by which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued existence of the harm may affect others who might not be able to ask a court for relief. In the United States, this is the grounds for asking for a law to be struck down as violating the First Amendment, because while the plaintiff might not be directly affected, the law might so adversely affect others that one might never know what was not done or created by those who fear they would become subject to the law – the so-called "chilling effects" doctrine.

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  • The party is granted automatic standing by act of law. Under some environmental laws in the United States, a party may sue someone causing pollution to certain waterways without a federal permit, even if the party suing is not harmed by the pollution being generated. The law allows them to receive a portion of any fines collected by the government from their violation of law. In some U.S. states, a person who believes a book, film or other work of art is obscene may sue in their own name to have the work banned directly without having to ask a District Attorney to do so.

 

 In the United States, the current doctrine is that a person cannot bring a suit challenging the constitutionality of a law unless the plaintiff can demonstrate that he/she/it is or will "imminently" be harmed by the law. Otherwise, the court will rule that the plaintiff "lacks standing" to bring the suit, and will dismiss the case without considering the merits of the claim of unconstitutionality. To have a court declare a law unconstitutional, there must be a valid reason for the lawsuit. The party suing must have something to lose in order to sue unless it has automatic standing by action of law.

The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly during its 61st session at UN Headquarters in New York City on 13 September 2007.

While as a General Assembly Declaration it is not a legally binding instrument under international law, according to a UN press release, it does "represent the dynamic development of international legal norms and it reflects the commitment of the UN's member states to move in certain directions"; the UN describes it as setting "an important standard for the treatment of indigenous peoples that will undoubtedly be a significant tool towards eliminating human rights violations against the planet's 370 million indigenous people and assisting them in combating discrimination and marginalisation

There are established criteria that that various governmental agencies use in looking at or determining whether or not a church is in fact a practicing religious entity or jurisdiction. We recognize these modern standards which uniformly apply to all religious organizations and meet most if not all of the criteria. We recommend strongly that all ONAC's Independent Branches at the very least attempt to meet and to document independently the following criteria. The following criteria are necessary in determining that there is a preponderance of evidence in supporting the practice of ONAC's religious expression.

 

The Meyer’s Test:


1. Ultimate Ideas
2. Metaphysical Beliefs
3. Moral or Ethical System
4. Comprehensiveness of Beliefs
5. Accoutrements of Religion
a. Founder, Prophet, or Teacher
b. Important Writings
c. Gathering Places
d. Keepers of Knowledge
e. Ceremonies and Rituals
f. Structure or Organization
g. Holidays
h. Diet or Fasting
i. Appearance and Clothing
j. Propagation

 

IRS

In addition The IRS in it’s 501c3 guidelines for recognition as to whether an organization qualifies as a church spells out the following:

 

  • A distinct legal existence;

  • Recognized creed and form of worship;

  • A definite and distinct ecclesiastical government;

  • A formal code of doctrine and discipline;

  • A distinct religious history;

  • A membership not associated with any other church or denomination;

  • An organization of ordained ministers;

  • Ordained ministers selected after completing prescribed studies;

  • A literature of its own;

  • Established places of worship;

  • Regular congregations;

  • Regular religious services;

  • Sunday schools for religious instruction of the young;

  • Schools for the preparation of its ministers.

ONAC KM currently meets the above criteria through it’s independent legal existence. Our teaching -practice and supervision of regular ceremony held both at our primary locations (eastern and south Willamette Valley sanctuaries) and other sites as appropriate, we also network and co-sponsor ceremony with other ONAC Independent Branches on a regular basis, our organization is ruled by a duly elected board of directors and a multi-member board of  Medicine Elders, our formal Code of Ethics, Authorized Membership Agreement, Articles of Religious Practice, our growing list of formally ordained Full and Lay ministers, conducting ceremony- teaching- and practicing the healing calling we believe as our primary calling or mission, ONAC KM Ordained ministers receive credentials and authorizations after completing proscribed course of studies either in person, via distance learning or both in ONAC KM , We have distinctive literature published on all major facets of our healing work, healing, traditional, indigenous and religious practice , regular congregation’s and regular religious services in addition to offering studies of a christian nature.

Treaty with The Yankton Sioux

July 19, 1815

A treaty of peace and friendship, made and concluded at Portage des Sioux between William Clark, Ninian Edwards, and Auguste Chouteau, Commissioners Plenipotentiary of the United States of America, on the part and behalf of the said States, of the one part; and the undersigned Chiefs and Warriors of the Yancton Tribe of Indians, on the part and behalf of their said Tribe, of the other part.

THE parties being desirous of re-establishing peace and friendship between the United States and the said tribe, and of being placed in all things, and in every respect, on the same footing upon which they stood before the late war between the United States and Great Britain, have agreed to the following articles:

Article 1.

Every injury or act of hostility committed by one or either of the contracting parties against the other, shall be mutually forgiven and forgot.

Article 2.

There shall be perpetual peace and friendship between all the citizens of the United States of America, and all the individuals composing the said Yancton tribe, and all the friendly relations that existed between them before the war shall be, and the same are hereby, renewed.

Article 3.

The undersigned chiefs and warriors, for themselves and their said tribe, do hereby acknowledge themselves to be under the protection of the United States of Ameriea, and of no other nation, power, or sovereign, whatsoever.

In witness whereof, the said William Clark, Ninian Edwards, and Auguste Chouteau, commissioners as aforesaid, and the chiefs aforesaid, have hereunto subscribed their names and affixed their seals, this nineteenth day of July, in the year of our Lord one thousand eight hundred and fifteen, and of the independence of the United States the fortieth.

  • Wm. Clark, [L. S.]

  • Ninian Edwards, [L. S.]

  • Auguste Chouteau, [L. S.]

  • Monlori, or white bear, his x mark, [L. S.]

  • Waskaijingo, or little dish, his x mark, [L. S.]

  • Padamape, or panis sticker, his x mark, [L. S.]

  • Chaponge, or musquitoe, his x mark, [L. S.]

  • Mindalonga, partisan, or war chief, [L. S.]

  • Weopaatowechashla, or sun set, [L. S.]

  • Tokaymhominee, or the rock that turns, his x mark, [L. S.]

  • Keonorunco, or fast flyer, his x mark, [L. S.]

  • Mazo, or the iron, his x mark, [L. S.]

  • Haiwongeeda, or one horn, his x mark, [L. S.]

  • Mazehaio, or arrow sender, his x mark, [L. S.]

Done at the Portage des Sioux, in the presence of -

  • R. Wash, secretary to the commission,

  • John Miller, colonel, Third Infantry,

  • H. Dodge, brigadier-general Missouri Militia,

  • Manuel Lisa, agent,

  • Thomas Forsyth, Indian agent,

  • Maurice Blondeaux,

  • Jacques Mette,

  • John A. Cameron,

  • R. Paul, C. T. of the commission,

  • Louis Decouagne,

  • Cyrus Edwards,

  • Lewis Dorion,

  • John Hay, interpreter.

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