Freedom of Religion in The United States - Situation of Minority Groups - Situation of Native Americans

Situation of Native Americans

The situation of Native Americans in the United States has been problematic since the initial European colonization of the Americas. Aside from the general issues in the relations between Europeans and Native Americans, there has been a historic suppression of Native American religions as well as some current charges of religious discrimination against Native Americans by the U.S. government, that need to be considered.

With the practice of the Americanization of Native Americans, Native American children were sent to Christian boarding schools where they were forced to worship as Christians and traditional customs were banned. Until the Freedom of Religion Act 1978, "spiritual leaders ran the risk of jail sentences of up to 30 years for simply practicing their rituals." The traditional indigenous Sun Dance was illegal from the 1880s (Canada) or 1904 (USA) to the 1980s.

Continuing charges of religious discrimination have largely centered on the eagle feather law, the use of ceremonial peyote, and the repatriation of Native American human remains and cultural and religious objects:

• The eagle feather law, which governs the possession and religious use of eagle feathers, was written with the intention to protect then dwindling eagle populations on one hand while still protecting traditional Native American spiritual and religious customs, to which the use of eagle feather is central, on the other hand. As a result, the possession of eagle feathers is restricted to ethnic Native Americans, a policy that is seen as controversial for several reasons.

• Peyote, a spineless cactus found in the desert southwest and Mexico, is commonly used in certain traditions of Native American religion and spirituality, most notably in the Native American Church. Prior to the passage of the American Indian Religious Freedom Act (AIRFA) in 1978, and as amended in 1994, the religious use of peyote was not afforded legal protection. This resulted in the arrest of many Native Americans and non-Native Americans participating in traditional indigenous religion and spirituality.

• Native Americans often hold strong personal and spiritual connections to their ancestors and often believe that their remains should rest undisturbed. This has often placed Native Americans at odds with archaeologists who have often dug on Native American burial grounds and other sites considered sacred, often removing artifacts and human remains – an act considered sacrilegious by many Native Americans. For years, Native American communities decried the removal of ancestral human remains and cultural and religious objects, charging that such activities are acts of genocide, religious persecution, and discrimination. Many Native Americans called on the government, museums, and private collectors for the return of remains and sensitive objects for reburial. The Native American Graves Protection and Repatriation Act (NAGPRA), which gained passage in 1990, established a means for Native Americans to request the return or "repatriation" of human remains and other sensitive cultural, religious, and funerary items held by federal agencies and federally assisted museums and institutions.