Rep. Mark Cloer of Colorado Springs, a supporter of the state’s upcoming ban on smoking in public places, has raised concerns that the new law might infringe on the religious rights of Indians by preventing smoking in off-reservation ceremonies in such locations as sweat lodges.
Some of his colleagues are wondering if they should consider a “fix” to the ban before it takes effect July 1, but it seems unlikely that any action is needed at all. After all, the law deals with indoor air pollution in public places and public buildings.
A sweat lodge is neither.
On top of that, state laws don’t apply to Indian reservations, which are guided by federal law, which protects religious expression on or off the reservation, as the legislature’s lawyers advised lawmakers on Tuesday.
(This past February, the U.S. Supreme Court ruled that a sect in New Mexico could claim an exemption from drug laws and use hallucinogenic tea in their religious ceremonies).
Legislative attorneys believe the Colorado law was well-crafted and needs no adjustment. The Colorado Commission on Indian Affairs said no tribe has raised concerns about the bill, so it’s hard to say what sparked Cloer’s concern. But he can feel secure in knowing that the ban can go into effect July 1 without any impact on Native American religious practices.
