50-874: The American Indian Religious Freedom Act , Public Law No. 95–341, 92 Stat. 469 (Aug. 11, 1978) (commonly abbreviated to AIRFA), codified at 42 U.S.C. § 1996 , is a United States federal law , enacted by joint resolution of the Congress in 1978. Prior to the act, many aspects of Native American religions and sacred ceremonies had been prohibited by law. The law was enacted to return basic civil liberties to American Indians , Eskimos , Aleuts , and Native Hawaiians , and to allow them to practice, protect and preserve their inherent right of freedom to believe, express, and exercise their traditional religious rites, spiritual and cultural practices. These rights include, but are not limited to, access to sacred sites, freedom to worship through traditional ceremonial rites, and
100-502: A joint resolution than an actual law. Its failure to protect certain sacred sites proved detrimental to Native American cultures and religions as a whole. The Lyng v. Northwest Indian Cemetery Association decision represented a unique convergence of religion, law, and land, and confirmed the American Indian Religious Freedom Act as a hollow excess of words. The Supreme Court itself declared that
150-544: A 3-5 decision, found that the Free Exercise Clause affords an individual protection from certain forms of governmental compulsions, but it does not afford an individual a right to dictate the conduct of the government's internal procedures. After the case was decided, Congress intervened and designated the area a "wilderness" under the Wilderness Act , and the road was not built. The Act protected
200-518: A family who did not wish to give their child a social security number for religious reasons. Also argued with regard to the Free Exercise Clause, this holding of the court in this case was that the government could not change its system and make an exception for an individual because of religiously based reasons. Judging by the parallels in this case with that of Lyng , Justice O’ Connor found that although damage would certainly be done to
250-539: A sacrament. However, peyote is a legally restricted substance. The third general area of conflict was an issue of government interference into the sphere of religion. Despite the American laws governing the separation of church and state , Native Americans were not being treated equally under the law, and their sacred ceremonies were often subject to interference from overzealous government officials or curious onlookers. The act acknowledged prior federal infringement on
300-488: A variety of laws; Whereas such laws were designed for such worthwhile purposes as conservation and preservation of natural species and resources but were never intended to relate to Indian religious practices and, there, were passed without consideration of their effect on traditional American Indian religions; Whereas such laws and policies often deny American Indians access to sacred sites required in their religions, including cemeteries; Whereas such laws at times prohibit
350-481: A vote of 5-3 (Anthony M. Kennedy did not participate), the court ruled that "construction of the proposed road does not violate the First Amendment regardless of its effect on the religious practices of the respondents because it compels no behavior contrary to their belief". In support of the decision, Justice Sandra Day O’Connor cited Bowen v. Roy (1986), a previous U.S. Supreme Court case that involved
400-576: Is a landmark case in the Supreme Court's decisions affecting Native American religion under the AIRFA. The bureaucratic decisions to alter land sites implemented by the Court on this case, constitute invasions of tribal self-understanding. This case helped to prove that the dissipation of tribal identity is the consequence of land desecration. The fact that land desecration is allowed to happen so easily
450-473: Is a result of the absence of enforcement and stability within the terms of the American Indian Religious Freedom Act. The Forest Service wanted to build a road that went directly through the sacred lands of the Yurok , Tolowa , and Karok tribes. Under Lyng v. Northwest Indian Cemetery Protective Association , in 1988 the tribe filed suit against the government for denying their rights to religious freedom under
500-560: Is practicable and is consistent with an agency's essential functions. It also acknowledges the prior violation of that right. American Indian religious practices have often been prohibited by existing federal laws and government policies. There have been three general areas of conflict. The passages of the Indian Removal Act (1830) and General Allotment Act (1887) resulted in the forced relocation and displacement of hundreds of tribes from their traditional homelands. Most of
550-416: Is tied to place, making some ceremonies difficult or impossible to practice when removed from their original context. At sites that are seen as particularly holy, only certain people are allowed to enter, and protocols are observed as to what behaviors must be observed, or prohibited, at these locations. These beliefs can conflict with the idea that American public lands now exist for the recreational use of all
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#1732750572396600-604: The AIRFA and its inability to enforce the provisions it outlined in 1978, on June 10, 1994, the House of Representatives Committee on Natural resources, and later the Subcommittee on Native American Affairs, met to bring about H.R. 4155 in order to provide for the management of federal lands in a way that doesn't frustrate the traditional religions and religious purposes of Native Americans. It was signed into law by President Bill Clinton. In 1994, Congress passed H.R. 4230 to amend
650-661: The AIRFA, that compelled the Forest Service to follow the report's collection of data on the religious significance of the high country. However, nothing within the AIRFA prevented the Forest Service from ignoring the warning of its own commissioned report concerning the destruction of the Yurok, Karok, and Tolowa religious traditions. This case's decision states that tribes have no First Amendment right of religious freedom that can halt federal land management of public lands that contain sacred tribal spaces. This decision became
700-655: The American Indian Religious Freedom Act, in order to provide for protected use of peyote as a sacrament in traditional religious ceremonies. This was passed as Public Law No 103–344 on October 6, 1994, with full text as below. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Title 42 of the United States Code Title 42 of
750-662: The American people. The second conflict was the possession by tribal members of ceremonial items considered sacred and in their cultures and an integral part of their ceremonies that are nonetheless restricted under United States law. Eagle feathers or bones are considered necessary for certain ceremonies, yet the birds are protected as a threatened species. The importance of eagle feathers and bones for use in traditional religious ceremonies has been repeatedly cited in cases involving Indian claims on hunting and fishing rights, with petitions being made for exceptions to occasionally hunt for eagles. The Native American Church uses peyote as
800-666: The Court ruled on the applicability of the Free Exercise Clause to the practice of religion on Native American sacred lands, specifically in the Chimney Rock area of the Six Rivers National Forest in California . This area, also known as the High Country, was used by the Yurok , Karuk , and Tolowa tribes as a religious site. The ruling is considered a key example of judicial restraint by
850-483: The Federal officials responsible for the enforcement of these regulations were unaware of the nature of traditional native religious practices and, consequently, of the degree to which their agencies interfered with such practices. This legislation seeks to remedy this situation. Section 2 of the AIRFA directs federal agencies to consult with American Indian spiritual leaders to determine appropriate procedures to protect
900-657: The High Country, by adding it to the Siskiyou Wilderness Area . Suzan Shown Harjo , a Cheyenne-Muskogee writer and activist who influenced the drafting of the American Indian Religious Freedom Act (AIRFA) of 1978, called Lyng v. Northwest Indian Cemetery Protective Association a "stunning defeat" for the Native American cause. In a twenty-five-year retrospective of AIRFA, published in 2004, she described how
950-661: The Native American plaintiff. In Employment Division v. Smith (1990), the Court ruled against the Native American Church and its members' use of Peyote for religious ceremonies. Alfred Smith, a Native American who had been born on the Klamath Reservation in Oregon, was fired from his job at an agency in Roseburg, Oregon , that helped develop services for Native American clientele. His termination
1000-608: The Oregon courts, which ruled in his favor of protected use of peyote under the free exercise clause of AIRFA. The U.S. Supreme Court reviewed the case, and overturned the Oregon court ruling. The Supreme Court stated that they could in fact be denied unemployment benefits because by using peyote they were in violation of state criminal law. The Smith decision prompted the development of the Native American Religious Freedom Project which involved and concerned almost every Native American tribe in
1050-571: The Six Rivers/Chimney Rock area, the road construction and timber harvesting would not force individuals to violate their beliefs or be denied of the equal rights shared by other citizens of the United States. In deciding the case, the Supreme Court had to determine whether a government action would cause a "substantial burden" on religion. Since the United States Forest Service's report had recognized that
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#17327505723961100-659: The Supreme Court. In 1982, the United States Forest Service drew up a report known as the Environmental Impact Statement (EIS) that examined the environmental impact of constructing a proposed road through and possibly harvesting timber in the Six Rivers National Forest. Due to the religious importance of the area, the study found that if the U.S. Forest Service’s plans went forward, the damage done to
1150-617: The United States Code is the United States Code dealing with public health , social welfare , and civil rights . Parts of Title 42 which formerly related to the US space program have been transferred to Title 51 . Lyng v. Northwest Indian Cemetery Protective Ass%27n Lyng v. Northwest Indian Cemetery Protective Association , 485 U.S. 439 (1988), was a United States Supreme Court landmark case in which
1200-764: The United States Constitution. The respondent in the case was the Northwest Indian Cemetery Protective Association, et al. With the claim at hand, the U.S. Supreme Court decided to rule on the question of whether the First Amendment’s Free Exercise Clause prohibited the government from harvesting or developing the Chimney Rock Area. After much deliberation, the holding of the court was released on April 19, 1988. In
1250-560: The United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites. SEC. 2. The President shall direct that various Federal departments, agencies, and other instrumentalities responsible for
1300-851: The administering relevant laws to evaluate their policies and procedures in consultation with Native traditional religious leaders in order to determine appropriate changes necessary to protect and preserve Native American religious cultural rights and practices. Twelve months after approval of this resolution, the President shall report back to Congress the results of his evaluation, including any changes which were made in administrative policies and procedures, and any recommendations he may have for legislative action. Approved August 11, 1978. Native American tribes had traditionally been closely associated with their lands, and their religious practices and beliefs were based in specific geographic areas. Lyng v. Northwest Indian Cemetery Protective Association (1988)
1350-418: The case to the U.S. Supreme Court. As a case before the U.S. Supreme Court, Lyng v. Northwest Indian Cemetery Protective was argued on November 30, 1987. The petitioner, Richard E. Lyng, the U.S. Secretary of Agriculture at the time, claimed that constructing a road and harvesting timber through lands considered sacred by Native American tribes did not violate the Free Exercise Clause of the First Amendment of
1400-419: The concept of a government denying individuals the right to practice their religion, and as a result, has benefited from a rich variety of religious heritages in this country; Whereas the religious practices of the American Indian (as well as Native Alaskan and Hawaiian) are an integral part of their culture, tradition, and heritage, such practices forming the basis of Indian identity and value systems; Whereas
1450-680: The country. In 1993, the Religious Freedom Restoration Act was passed. By 1994, the American Indian Religious Freedom Act Amendments were passed as Public Law 103–344. The Amendments provided legislative protection for religious practices of the Native American Church. The major criticism of the American Indian Religious Freedom Act was its inability to enforce its provisions, therefore its inability to provide religious freedom without condition. The act served as more of
1500-481: The decision found that no substantial burden existed. Justice William J. Brennan Jr. disagreed with the majority opinion and, with a citation of the case Sherbert v. Verner (1963), declared that the holding of Lyng stripped Native Americans of their Constitutional protection against threats to their religious practices. The United States Supreme Court reversed and allowed the road to be built. The Supreme Court cited Bowen v. Roy (476 U.S. 693 (1986)) and, in
1550-412: The first amendment by ruling in favor of the United States Forest Service . Tribal leaders testified that the road would destroy parts of the pristine mountains and high country that the tribes considered sacred and essential to their religious beliefs and practices. They expressed their concerns in court, outlining the burden imposed upon their religious freedom. However, the court determined that, because
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1600-488: The inherent rights of American Indians, as laid out it the act. Public Law 95-341 95th Congress Joint Resolution American Indian Religious Freedom. Whereas the freedom of religion for all people is an inherent right, fundamental to the democratic structure of the United States and is guaranteed by the First Amendment of the United States Constitution; Whereas the United States has traditionally rejected
1650-457: The land would be severe and irreparable. Therefore, the report advised against both the road and timber harvesting. Additionally, the EIS suggested possible alternative was routes that avoided key religious sites. However, this recommendation and the rest of the report was rejected by the U.S. Forest Service. The report commissioned by the United States Forest Service recognized that the construction of
1700-449: The legislation had no firm grasp on what it stood for. There was nothing in the Act that mandated changes pursuant to the review process prior to its amendment in 1994. The case illustrates that compliance with the review procedure of the AIRFA does not provide any assurance that judicial protections or substantive agency will be offered to Native American religious belief and practice, even if
1750-541: The only appropriate management of such land should be its preservation in a natural state. The Theodoratus Report, in effect, established a guideline by which the Forest Service would be able to understand the importance of land to Native American culture. Because they had commissioned the report and recognized its significance they conformed with the AIRFA in the Lyng case, but it was the Theodoratus Report, not
1800-569: The people of the Five Civilized Tribes of the southeastern United States were forced into the Central Plains of the United States , and the forced assimilation of Native American families into agricultural settler societies and, later, urban communities left Native Americans without access to the sacred sites where they and their ancestors had traditionally held their religious ceremonies. Native American spiritual culture
1850-466: The possession and use of objects traditionally considered sacred by their respective cultures. The Act requires policies of all governmental agencies to eliminate interference with the free exercise of Native American religions , based upon the First Amendment to the United States Constitution , and to accommodate access to, and use of, Native American religious sites to the extent that the use
1900-455: The religion of tribes would effectively be irreparably harmed, the tribes had a strong argument that they met this element of the law. However, the Supreme Court set out new requirements for proving substantial burden. The Court stated that a substantial burden only exist where the government imposes a sanction (fine or imprisonment) or denies a benefit to individuals that they would otherwise be entitled to receive. Since this case involved neither,
1950-509: The rights of American Indians to freedom of religion , and that their First Amendment right of "free exercise" of religion had been denied. President Jimmy Carter said, in a statement about the AIRFA: In the past, Government agencies and departments have on occasion denied Native Americans access to particular sites and interfered with religious practices and customs where such use conflicted with Federal regulations. In many instances,
2000-630: The road would destroy the religion of the American Indian tribes. American Indian groups (led by the Northwest Indian Cemetery Protective Association) and the State of California sued for an injunction, challenging both the road building and timber harvesting decisions. The court issued a permanent injunction that prohibited the Government from constructing the Chimney Rock section of the road or putting
2050-469: The serious endangerment to Native American religion from proposed government action is recognized within that review procedure. Some scholars have argued that the Supreme Court's interpretation is tantamount to a failure by the Court to ensure protection of the Constitution's First Amendment free exercise of religion clause for American Indian traditional religion practitioners. Due to the criticism of
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2100-457: The site proposed for road construction. The report warned the Forest Service against the ruinous impact of road construction, and its logging and mining operations. It said the philosophy that high country is solely a natural resource to be managed and improved was at fault. The report traced the long history of this site as sacred to succeeding cultures of indigenous peoples, whose connection could be documented from prehistory. The report stated that
2150-409: The standing precedent that threatened the survival of any traditional Native American community whose sacred lands, by the fault of the government's history of Indian affairs, are on public land rather than on reservations. The Supreme Court advocated its decision to refuse the countenance of the religious valuation of land as representing its responsibility towards enforcing the First Amendment rights of
2200-461: The timber harvesting plan into effect, holding, inter alia , that such actions would violate respondent Indians' rights under the Free Exercise Clause of the First Amendment and would violate certain federal statutes. The Trial Court found for Northwest Indian Cemetery Protective Association and issued an injunction. The USFS appealed. The Appellate Court affirmed and the USFS appealed again bringing
2250-449: The traditional American Indian religions as an integral part of Indian life, are indispensable and irreplaceable; Whereas the lack of a clear, comprehensive, and consistent Federal policy has often resulted in the abridgment of religious freedom for traditional American Indians; Whereas such religious infringements result from the lack of knowledge of the insensitive and inflexible enforcement of Federal policies and regulations premised on
2300-476: The tribes had not stated a requisite legal burden on those rights, that they could not receive protection under the AIRFA. The Theodoratus Report was a comprehensive study prompted by the American Indian Religious Freedom Act during Lyng v. Northwest Indian Cemetery Protective Ass'n (1988) and conducted by the United States Forest Service in order to evaluate policies and procedures to protect Native American religious cultural rights and practices. This study
2350-469: The use and possession of sacred objects necessary to the exercise of religious rites and ceremonies; Whereas traditional American Indian ceremonies have been intruded upon, interfered with, and in a few instances banned; Now, therefore, be it Resolved by the Senate and the House of Representatives of the United States of America in Congress Assembled, That henceforth it shall be the policy of
2400-591: Was a compilation of ethnographic, archaeological and historical data that identified the culture contained in the area that the Forest Service proposed to be the site of the Chimney Rock Section of the Gasquet-Orleans Road. This culture belonged to the Yurok, Karok, and Tolowa peoples. In its final recommendations, the report criticizes the Forest Service for ignorance of the physical and historical significance and religious importance of
2450-484: Was based on his attendance at ceremonies of the Native American Church , which uses peyote as a sacrament. Because it is a restricted substance under drug laws, Smith was fired for his use of it. Another member of the N.A.C. was also fired from the agency for the same reason. When denied unemployment compensation, Smith and his co-worker challenged the grounds of their terminations. Smith took his case to
2500-462: Was done in order to provide definitive information on the effects of the Forest Service's actions on Native American religious culture in high country. This study was completed in April 1979 and was titled Cultural Resources of the Chimney Rock Section, Gasquet-Orleans Road, Six Rivers National Forest and was written by Dr. Dorothea J. Theodoratus, Dr. Joseph L. Chartkoff, and Ms. Kerry K. Chartkoff. It
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