American Indian Religious Freedom Act

American Indian Religious Freedom Act
U.S. Government · Public domain · source
Shorttitle	American Indian Religious Freedom Act
Enactedby	96th United States Congress
Citations	Public Law 95-341
Effective	August 11, 1978
Introducedby	Abourezk, James

American Indian Religious Freedom Act is a federal law that aims to protect and preserve the traditional religious rights and practices of Native Americans, including Navajo, Cherokee, and Lakota. The law was enacted in response to the concerns of American Indian Movement leaders, such as Dennis Banks and Russell Means, who advocated for the protection of Native American rights and cultural preservation. The Act acknowledges the historical injustices faced by Native American tribes, including the Trail of Tears, Wounded Knee Massacre, and boarding schools. It also recognizes the importance of traditional knowledge and cultural heritage of indigenous peoples, such as the Inuit, Hawaiian, and Tlingit.

Introduction

The American Indian Religious Freedom Act was introduced by Senator James Abourezk of South Dakota and Representative Morris Udall of Arizona in 1978. The law was supported by various Native American organizations, including the National Congress of American Indians, Native American Rights Fund, and the Indian Land Tenure Foundation. The Act's passage was also influenced by the Civil Rights Movement and the American Indian Movement, which sought to address the historical injustices faced by Native Americans, including the Treaty of Fort Laramie and the Dawes Act. The law's introduction was also motivated by the concerns of Native American spiritual leaders, such as Fools Crow and John Trudell, who advocated for the protection of sacred sites, including Bear Butte and Devils Tower National Monument.

Legislative History

The American Indian Religious Freedom Act was passed by the 96th United States Congress and signed into law by President Jimmy Carter on August 11, 1978. The law was enacted as Public Law 95-341 and is codified in Title 42 of the United States Code. The legislative history of the Act reveals that it was introduced in response to the concerns of Native American tribes, including the Navajo Nation, Cherokee Nation, and Lakota Sioux. The law's passage was also influenced by the Senate Committee on Indian Affairs and the House Committee on Interior and Insular Affairs, which held hearings on the issue of Native American religious freedom. The Act's legislative history is also connected to the Indian Reorganization Act and the Indian Civil Rights Act, which aimed to promote tribal self-governance and protect Native American rights.

Provisions and Amendments

The American Indian Religious Freedom Act provides that the United States federal government shall protect and preserve the traditional religious rights and practices of Native Americans. The law prohibits the government from imposing any restriction on the free exercise of Native American religions, including the use of peyote in Native American Church ceremonies. The Act also requires federal agencies to consult with Native American tribes and traditional spiritual leaders to ensure that their religious practices are protected. The law has been amended several times, including the Religious Freedom Restoration Act of 1993, which was introduced by Senator Edward Kennedy and Representative Jerrold Nadler. The amendments have aimed to strengthen the protections afforded to Native American religions and address the concerns of Native American communities, including the Hopi and Zuni.

Impact and Enforcement

The American Indian Religious Freedom Act has had a significant impact on the protection of Native American religious freedom. The law has been used to protect sacred sites, including Mount Graham and San Francisco Peaks, from development and desecration. The Act has also been used to defend the rights of Native American prisoners to practice their traditional religions, including the use of sweat lodges and smudging ceremonies. The law has been enforced by various federal agencies, including the Bureau of Indian Affairs, Bureau of Land Management, and the Federal Bureau of Prisons. The Act's impact has also been felt in the state courts, including the Supreme Court of California and the New Mexico Supreme Court, which have recognized the importance of protecting Native American religious freedom.

Controversies and Challenges

Despite its importance, the American Indian Religious Freedom Act has faced several controversies and challenges. The law has been criticized for its limitations, including its failure to provide adequate protections for Native American sacred sites and traditional cultural properties. The Act has also been challenged by state governments, including the State of Arizona and the State of Utah, which have sought to limit the application of the law. The law has also been affected by Supreme Court decisions, including the Lyng v. Northwest Indian Cemetery Protective Association case, which limited the application of the Act. The controversies and challenges surrounding the Act have been addressed by Native American organizations, including the Native American Rights Fund and the Indian Land Tenure Foundation, which have advocated for the strengthening of the law and the protection of Native American religious freedom. The Act's challenges have also been connected to the Treaty of Guadalupe Hidalgo and the General Allotment Act, which have had a significant impact on Native American communities, including the Tohono O'odham Nation and the Pueblo.