American Indian Religious Freedom Act (AIRFA)

What happened

The American Indian Religious Freedom Act is a joint resolution, signed August 11, 1978. Its findings say that Federal laws and policies "often deny American Indians access to sacred sites required in their religions," that laws "at times prohibit the use and possession of sacred objects," and that traditional ceremonies had been "intruded upon, interfered with, and in a few instances banned." It says such laws were designed for purposes such as conservation and "were never intended to relate to Indian religious practices."

Section 1 then declares that "henceforth it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions," including "access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites." Section 2 told the President to have federal agencies evaluate their policies in consultation with native traditional religious leaders and report to Congress.

The Supreme Court read the resolution narrowly in Lyng v. Northwest Indian Cemetery Protective Association (1988), a case about a Forest Service road and timber plan on land used for religious rituals. The Court wrote: "Nowhere in the law is there so much as a hint of any intent to create a cause of action"

Congress later added a 1994 amendment on the sacramental use of peyote. It makes use by an Indian for bona fide traditional ceremonial purposes "lawful," and says it "shall not be prohibited by the United States or any State," after the Court's 1990 decision in Employment Division v. Smith.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error