This attempted law change occurred after the Mooneys were arrested in October 2000, lasted for about a month in 2002, claimed before the high court in 2004 and is still being dishonestly pushed now in 2005. It shows a lack of respect (not to mention integrity) on the part of state officials to argue that a law was adopted before the Utah Supreme Court in 2004, when there was merely an attempted implementation, only to be withdrawn a month later. So when deputy attorney general Chris Leonard represents that the proposed bill conforms to federal law — we say "show us this law." So should thoughtful state legislators, who should also require proof of its actual adoption.

These same state officials eagerly point to the U.S. Attorney's Office warning James Flaming Eagle Mooney not to proceed in practicing his religion or face possible federal prosecution. Though asked to provide a legal basis for this bald claim by the Oklevueha NAC's legal counsel, they have never done so. In a personal communication by phone, our attorney Kathryn Collard was flippantly told "we are doing this because we can."

If the federal officials could have provided a legal basis for their warning, they would have. The religious rights of Utahns are still being illegally denied but now by federal law enforcement officials. This is the same kind of manipulative behavior that the Oklevueha NAC faced from Utah County Attorney Kay Bryson's office. It would be prudent for responsible members of the Utah Legislature to obtain an actual legal finding from the U.S. Attorney's Office before considering giving any credence to unfounded legal claims from that quarter. House Bill 306 is merely a cover-up to justify the Utah County attorney's illegal conduct in his attempted prosecution of a legitimate Native American Church. He is straining to provide a rationale to deny religious freedom based on race and political affiliation, where there can be none.

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David Hamblin is a spiritual leader of Oklevueha EarthWalks for the Native American Church of Utah.