Freedom of Religion: a Time for Justice
Total Page：16
File Type：pdf, Size：1020Kb
DOCUMENT RESUME ED 362 356 RC 019 314 AUTHOR Ramirez, Ray. Ed. TITLE Freedom of Religion: A Time for Justice. Second Special Edition. INSTITUTION Native American Rights Fund, Boulder, CO. PUB DATE 93 NOTE 22p. PUB TYPE Collected Works Serials (022) Historical Materials (060) Legal/Legislative/Regulatory Materials (090) JOURNAL CIT NARF Legal Review; v18 n2 Sum 1993 EDRS PRICE MF01/PC01 Plus Postage. DESCRIPTORS Alaska Natives; *American Indian Culture; American Indian History; American Indians; *Civil Liberties; Civil Rights Legislation; Court Litigation; *Federal Indian Relationship; Federal Legislation; Hawaiians; Religion; *Religious Discrimination IDENTIFIERS *Native Americans; *Religious Freedom;Supreme Court ABSTRACT This special theme issue outlines the historyof discrimination against traditional Native Americanreligions, including recent Supreme Court decisions."Discrimination and Native American Religiou3 Rights," by Senator DanielK. Inouye, discusses the compelling government interest in eradicatingdiscrimination and describes two Supreme Court decisions denyingconstitutional protection of tribal sacred sites and the practicesof ininority religions. "The Repression of Indian ReligiousFreedom," by Patricia Nelson Limerick, examines the history of.federalpolicies suppressing Indian religious liberty. Public policylong assumed that the "civilization" of the Indians and their conversionto Christianity were inseparable. During the 19th century,a missionary movement swept through the United States, and federalfunds for Indian education provided partial support for missionaryschools. The question of religious libertywas viewed as a matter among Christian churches and not applicable to Indian spiritualpractices. In the 1880s, the Department of the Interiorcreated courts of Indian offenses, which targeted both religious practicesand customs that were considered antithethical to the work ethic (suchas sharing property). The campaign against Indianreligions was ultimately a campaign against the Indian family because itsought to assimilate the younger generation by removing the influenceof the elders. This issue also includes an explanation of the NativeAmerican Free Exercise of Religion Act of 1993, introducedby Senator Inouye, and a list of publications on federal Indianeducation laws, tribal government, and tribal economic development. (SV) *********************************************************************** Reproductions supplied by EDRSare the best that can be made * from the original document. *********************************************************************** a FREEDOM OF RELIGION: A TIME OF JUSTICE SECOND SPECIAL EDITION NATIVE AMERICAN RIGHTS FUND -PERMISSION TOREPRODUCE THIS MATERIAL HAS BEENGRANTED BY TO THE EDUCATIONALRESOURCES INFORMATION CENTER(ERICI U.S. DEPARTMENT Or, EDUCATION Ottice ot Educahonal Researchand Improvement EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC) i/.This document has been reproduced as rebewed Rom the Person or organization originating it 0 Minor Changes have been made toimprove reproduction quality Points of view or opinions Statedin this docu- loent do not necessarily represent official OEM position or policy 2 r i. '4ET ,A4ip LEGAL Native American Rights Fund REVIEW SECOND SPECIAL and as to why the United States Volume 18, No. 2 Summer 1993 government must be legally and EDITION ON morally committed to preserving FREEDOM OF Contents American Indian, Eskimo, Aleut, RELIGION: A TIME Discrimination and Native Hawaiian religious and Native rights and culture. FOR JUSTICE American Religious Rights "Injustice anywhere is a threat 1 DISCRIMINATION to justice everywhere." The Repression of Indian AND NATIVE Martin Luther King, Jr. Religious AMERICAN Editors Prologue: Guaranteed Freedom 9 Native American RELIGIOUS RIGHTS rights to religious freedom under bySenator Daniel K. Inouye the First Amendment of the United Free Exercise of Religion Act of I. Introduction States Constitution should have 1993 S.I021: precluded the need for legislative Background Mankind has a dark side--the protection for religious freedom and Call to age-old tendency to discriminate for American Indians. However, Action 14 against others who are different. the Government's past discrim- American Indian This Article shares my perspective as inatory policies perpetuated the Religious Freedom a United States Senator on the prob- nation's ignorance of and preju- Coalition 16 lem of discrimination and how it dices against Indian religions and Case Updates 17 affects Native American human tradition. With the passage of the Available From NI LL 17 rights issues under the jurisdiction of American Indian Religious Free- Available from the the Senate Select Committee on dom Act (A1RFA) in 1978, the Indian Law Support Indian Affairs. Center 18 A pressing human rights concern United States resolved "... to NA RF Attorney of the Committee at this time is the protect and preserve for American Resume 19 Indians their inherent right of specter of renewed religious discrimi- freedom to believe, express and nation against American Indian exercise the traditional religions tribal religion in the wake of the dramatic retreat from First Amend- of the American Indian, Eskimo, do not see a delegation ment protection by the Supreme Aleut, and Native Hawaiians, for the four-footed. I see Court in Employment Div. Dept. of including but not limited to ac- Human Resources of Oregon v. cess to sites, use and possession no seat for the eagles. We Smith.1 This case is a noteworthy of sacred objects, and freedom to forget and we consider example of the Court's denial of worship through ceremonials and protection for a traditional American traditional rites." Since the pas- ourselves superior. But we Indian religion that predates in sage of AIRFA, the United States are after all a mere part of antiquity the writing of the First government and its agencies have Amendment itself. applied a limited and inconsistent the Creation. And, we 4' I The unique cultures of America's interpretation and application of must consider to Native peoples are inseparable from the Act which has in turn gener- understand where we are. their religions.2 Religion pervades ated ineffective judicial protection the traditional way of life of Ameri- for American Indian religions, as And, we stand somewhere can Indians.3 These religions have witnessed by the recent Supreme betvieen the mountain and been historically suppressed by the Court decisions. United States government in ways This special issue of the the ant. Somewhere and unprecedented for other religions. NARF Legal Review seeks to only there as part and Smith seriously weakened religious educate the reader as to why parcel of the Creation." freedom in general by discarding Congressional protection is needed long-standing First Amendment Chief Oren Lyons standards. This resulted in the Onondaga Faithkeeper 1977 NARFLEGAL REVIEW immediate banding together of discrimination, it matters little laws, or the judiciary retreats from church groups and religious organ- whether these impacts result from prior rules of law and dilutes funda- izations in a move to restore the invidious state action, or whether mental freedoms enshrined in the First Amendment balancing test.4 they are inflicted by less obvious Bill of Rights, it falls upon the The proposed legislation which applications of facially neutral rules.9 Congress to increase its vigilance resulted, however, does not address In the United States, discrimination in opposing discrimination unique, historical Indian religious is illegal. It is prohibited by the Fifth through legislation. discrimination problems. There and Fourteenth Amendments to the History teaches the importance in remains a need for separate legis- Constitution as well as by numerous every society of preventing the oc- lation to protect free exercise rights federal laws. Unfortunately, despite currence of outbreaks of discrimina- of Native Americans, as well as to our commitment to these Equal tory acts and practices and of the ensure these citizens the guaranteed Protection ideals, discrimination has need to vigorously enforce human protection of all other constitution- had a long and troubling history in rights guarantees. In those nations al provisions. this country. The manner in which which have permitted equal rights This Article first discusses the America, the world's leading for all its citizens to lapse due to lack compelling government interest in democracy, treats our own racism of government enforcement, serious eliminating discrimination and the and prejudice reveals much to the human violations have quickly necessity for all three branches of the international community concerning appeared. Almost universally, these federal government to act together our attitude about individual free- violations have had rippling effects to combat intolerance and prejudice. dom and human rights. This infringing on the rights of all citi- Secondly, it focuses on the problem country's challenge in the war zens. Once minority groups fell of religious discrimination against against discrimination is an on-going victim to officially sanctioned dis- Native Americans, which has inten- one, as seen from the present resur- crimination, it was not long before sified in the wake of recent decisions gence of racism and intolerance. It is death camps arose in nations such as of the Supreme Court. The issue.of a continual struggle to eradicate Cambodia, Nazi Germany and the religious intolerance and discrimina-