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May 2023
57m 49s

The Supreme Court v. Peyote

Wnyc Studios
About this episode

More than 30 years ago, a Native American man named Al Smith was fired for ingesting peyote at a religious ceremony. When his battle made it to the Supreme Court, the decision set off a thorny debate over when religious people get to sidestep the law — a debate we’re still having today.

Voices in the episode include:

Garrett Epps — University of Oregon Law School professor

Ka’ila Farrell-Smith — Al Smith’s daughter, visual artist

Jane Farrell — Al Smith's widow, retired early childhood specialist

Galen Black — Al Smith’s former coworker

Steven C. Moore — senior staff attorney at the Native American Rights Fund

Craig J. Dorsay — lawyer who argued Al Smith’s case before the Supreme Court

Dan Mach — director of the ACLU Program on Freedom of Religion and Belief

Learn more:

• 1963: Sherbert v. Verner

• 1990: Employment Division, Department of Human Resources of Oregon v. Smith

• 2022: 303 Creative LLC v. Elenis

"Peyote vs the State: Religious Freedom On Trial" by Garrett Epps

Factsheet: Religious Freedom Restoration Act Of 1993, The Bridge Initiative at Georgetown University

Our History, the Klamath Tribes 

Supreme Court archival audio comes from Oyez®, a free law project by Justia and the Legal Information Institute of Cornell Law School.

Support for More Perfect is provided in part by The Smart Family Fund.

Follow us on Instagram and Facebook @moreperfectpodcast, and Twitter @moreperfect.

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