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5 NARF Legal Rev. 1 (1979)

handle is hein.journals/narf5 and id is 1 raw text is: Naiv Ameia Riht Fun Wite 109 We Also Have A Religion The American Indian Religious Freedom Act and the Religious Freedom Project of the Native American Rights Fund On August 11, 1978, President Carter signed into law the Ameri- can Indian Religious Freedom Act. Introduced as Senate Joint Reso- lution 102 and now Public Law 95-341, the Act is intended to guarantee to native peoples-American Indians, Native Alaskans and Native Hawaiians-the right to believe, to express, and to practice their native traditional religions. This is to be achieved by establishing a com- prehensive and consistent Federal policy directed toward protecting and preserving the native religious practices in this country. Among other things, the Act guarantees to Native Americans access to religious sites, use and possession of sacred objects, and the freedom to worship through traditional ceremonial rites. Furthermore, it calls for the President to direct Federal agencies, whose activities affect Native American religious practices, to evaluate their policies and make changes where possible to insure that Native American religious and cultural rights are protected. It also directs the President to report back to Congress one year after the signing of the Act with the results of his evaluation, including any changes that were made in administrative policies. Like all other religions, the religious beliefs and practices of Native Part I: Federal Suppression of Native Religious Practices The Indian Religion has no name because it's part of all Indian life. Before the coming of the New People, this was our paradise, right here in America. Everything natural comes from God and is made by Him. God is in you and part of you. The Bible and our own religion are closely related. The only difference is that we practice and live ours every day. Ernie Peters, Dakota The nature and varieties of Native American religions is set down in thousands of books, articles, studies and dissertations. In fact, no aspect of Native American life has been subject to greater examination by historians and others. So it is neither necessary-nor possible in this space-to attempt even a limited review. However, one aspect of Native religion must be discussed because of its importance to an understanding of the need for the Native American Religious Free- dom Act, and why this Act should be applied to protect certain customs, traditions and practices which some may question as not being Americans fall under the protection of the First Amendment of the Constitution. However, historically-and especially during the past decades-infringement of Native religions has been increasing. Be- cause Native American religions are so culturally removed and differ- ent than their own, non-Indians do not see them as having the same status as real religions. This attitude has led to the enactment and enforcement of a multitude of Federal laws without any consideration of their possible affect on Native religions, and which have severely restricted the religious practices of Native Americans. Though these laws often concern such worthy objectives as the preservation of wildlife and the protection of wilderness areas, they were not written with an awareness of their potential adverse affect on Native religions. It is the belief of the Native peoples, of the congressional sponsors and supporters of the Resolution, and many others that this country need not violate the religious freedom of her Native peoples; that Federal laws and programs can be made compatible with Native religi- ous practices; and that this Act will serve as a clear policy statement from Congress that this country intends to respect and protect the religious freedom of Native Americans. truly religious in nature, and, therefore not entitled to protection under the Act. This aspect is the unity of traditional Native cultures in which the religious beliefs permeate all parts of individual and community life. Whether it was the now historical buffalo hunt, planting and harvesting of food, relations with neighboring tribes, or even how one was to be named, sacred ceremonies and beliefs came into play. Ceremonies, great and small, were the very fabric of life. They furnished the chief opportunities for learning, for feasting, for lovemaking. They gave courage to a lone hunter. They fused a group together in heartening ritual. They combined the functions not only of a church but of a school, clinic, theater, and law court. Where most Western cultures have divided life into distinctly sepa- rate political, social and religious aspects of existence, Indian tradi- tional life is still unified in many ways. In 1961, the Fund For the Republic conducted a private study, which summarized this social unity: I . . in their society and in their religion, Indians believe they have values worth preserving. These are sometimes stated in Continued on page three

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