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Full-Text Articles in Law
Rethinking Protections For Indigenous Sacred Sites, Stephanie H. Barclay, Michalyn Steele
Rethinking Protections For Indigenous Sacred Sites, Stephanie H. Barclay, Michalyn Steele
Journal Articles
Meaningful access to sacred sites is among the most important principles to the religious exercise of Indigenous peoples, yet tribes have been repeatedly thwarted by the federal government in their efforts to vindicate this practice of their religion. The colonial, state, and federal governments of this Nation have been desecrating and destroying Native American sacred sites since before the Republic was formed. Unfortunately, the callous destruction of Indigenous sacred sites is not just a troubling relic of the past. Rather, the threat to sacred sites and cultural resources continues today in the form of spoliation from development, as well as …
Brief Of Amici Curiae Constitutional Law Scholars In Support Of Petitioners, Richard W. Garnett, Ryan A. Shores, William J. Haun
Brief Of Amici Curiae Constitutional Law Scholars In Support Of Petitioners, Richard W. Garnett, Ryan A. Shores, William J. Haun
Court Briefs
“[I]n a complex society and an era of pervasive governmental regulation, defining the proper realm for free exercise can be difficult.” Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751, 2781, 2785 (2014) (Kennedy, J., concurring). The Religious Freedom Restoration Act (“RFRA”)2 addresses that difficulty by harmonizing religious freedom and the interests of third parties. RFRA will not exempt free exercise from a law’s command simply because the law substantially burdens religion—nor will it deny a religious exemption simply because the exemption would affect a third party.