American Indian Religious Freedom Act - Passage

Passage

Due to the complex nature of American Indian religious beliefs, American Indian religions have often been at odds with existing federal laws and government policies. There have been three general areas of conflict. Firstly, American Indians did not have access to a number of sacred places that were used in religious ceremonies. Native American religious practices often came into conflict with the idea that American public lands exist for the use and benefit of the American people. The results of the passage of the Indian Removal Act and the General Allotment Act were the displacement of hundreds of tribes, including the Five Civilized Tribes of the southeastern United States, and the forced assimilation of Native American families into agricultural settler societies.

The second conflict was the possession of ceremonial items that are restricted by United States Law, such as eagle feathers or bones (a protected species) or peyote. The conflict lies in the fact that items such as peyote are integral parts of ceremonies practiced by members of churches such as the Native American Church. The use of eagle bones in ceremony has been brought up in any case involving Indian claims on hunting and fishing rights allowed for tribal member to hunt for eagles.

The third general area of conflict was an issue of interference. Sacred ceremonies were sometimes subject to interference from overzealous officials or curious onlookers.

The act itself was more a policy statement, and it acknowledged prior infringement on the right of freedom of religion for American Indians by denying them their First Amendment right of "free exercise" of religion. President Jimmy Carter said, in a statement about the AIRFA, a very similar thing:

In the past, Government agencies and departments have on occasion denied Native Americans access to particular sites and interfered with religious practices and customs where such use conflicted with Federal regulations. In many instances, the Federal officials responsible for the enforcement of these regulations were unaware of the nature of traditional native religious practices and, consequently, of the degree to which their agencies interfered with such practices.

This legislation seeks to remedy this situation.

Section 2 of the AIRFA directs federal agencies to consult with American Indian spiritual leaders to determine appropriate procedures to protect the inherent rights of American Indians, as laid out it the act.