NCJ Number
143670
Journal
Social Justice Volume: 20 Issue: 1-2 Dated: (Spring-Summer 1993) Pages: 165-171
Date Published
1993
Length
7 pages
Annotation
This article examines how American society has used legislation and policy to suppress the expression of traditional Native American religious practices, particularly in prisons; Federal legislation to redress this wrong is examined.
Abstract
Although the First Amendment of the U.S. Constitution provides that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, by the mid-1800's, nearly all aspects of traditional Native American religious practices were against the law. Not until the late 1970's did the Federal Government acknowledge its long history of Native American religious repression. In 1978, Congress passed the American Indian Religious Freedom Act (AIRFA), which specifies the many ways that the Federal Government has failed to recognize Indian religions and has interfered with or prohibited their free exercise. AIRFA, however, has been more of a policy statement than a law with enforcement mechanisms that require compliance in particular situations. Native American religious practices have been particularly suppressed in prisons, where the prison administrations show clear preference for Judeo-Christian religious practices and supports, while prohibiting Native American religious practices as threats to security. This article concludes with an outline of amendments to AIRFA currently being proposed to ensure that Native American inmates can practice their traditional religions. A listing of eight sources of additional information