Peyote vs. the State: Religious Freedom on Trial

by Garrett Epps

The story of the constitutional showdown over Native Americans’ religious use of peyote

With the grace of a novel, this book chronicles the six-year duel between two remarkable men with different visions of religious freedom in America. Neither sought the conflict. Al Smith, a substance-abuse counselor to Native Americans, wanted only to earn a living. Dave Frohnmayer, the attorney general of Oregon, was planning his gubernatorial campaign and seeking care for his desperately ill daughters. But before this constitutional confrontation was over, Frohnmayer and Smith twice asked the U.S. Supreme Court to decide whether the First Amendment protects the right of American Indians to seek and worship God through the use of peyote. The Court finally said no.

Garrett Epps tracks the landmark case from the humblest hearing room to the Supreme Court chamber—and beyond. This paperback edition includes a new epilogue by the author that explores a retreat from the ruling since it was handed down in 1990. Weaving fascinating legal narrative with personal drama, Peyote vs. the State offers a riveting look at how justice works—and sometimes doesn’t—in America today.

298 pages, Paperback

First published January 1, 2009

About the author

Garrett Epps (born in 1950 in Richmond, Virginia) is an American legal scholar, novelist, and journalist. He is Professor of Law at the University of Baltimore; previously he was the Orlando J. and Marian H. Hollis Professor of Law at the University of Oregon.

Epps attended St. Christopher's School and Harvard College, where he was the President of The Harvard Crimson. He later received an M.A. in Creative Writing from Hollins University, and a law degree from Duke University, where he was first in his class. After graduation from Harvard, he was a co-founder of The Richmond Mercury, a short-lived alternative weekly whose alumni include Pulitzer Prize-winning journalists Frank Rich and Glenn Frankel. He also worked as an editor or reporter for The Richmond Afro-American, The Virginia Churchman, The Free-Lance Star, and The Washington Post. From 1983 until 1988, he was a columnist for Independent Weekly (then a bi-weekly). Immediately before coming to the University of Oregon, he spent a year clerking for the Honorable John D. Butzner of the United States Court of Appeals for the Fourth Circuit.

Epps has written two novels, including The Shad Treatment, which won the Lillian Smith Book Award, as well as the nonfiction books To An Unknown God: Religious Freedom on Trial, which was published in 2001 and was a finalist for the ABA's Silver Gavel Award, and Democracy Reborn: The Fourteenth Amendment and the Fight for Civil Rights in Post-Civil War America, which was published in 2006 and is the first comprehensive history of the framing of the Fourteenth Amendment. Democracy Reborn won the 2007 Oregon Book Award for non-fiction, and also was a finalist for the ABA Silver Gavel Award. He has also written numerous articles and editorials in newspapers including The New York Times, The Washington Post, and The Atlantic.