Lyng v. Northwest Indian Cemetery Protective Association
Lyng v. Northwest Indian Cemetery Protective Association is a significant Supreme Court case from 1987 that examined the conflict between government actions and the religious practices of Native American tribes. The case arose after the United States Forest Service decided to construct a paved road through federally protected land in California, despite acknowledging that the area was historically significant for the religious practices of the Yurok, Karok, and Tolowa tribes. A coalition of Indian organizations challenged this decision, arguing it violated their First Amendment rights and the American Indian Religious Freedom Act (AIRFA) of 1978.
The Supreme Court ultimately ruled against the coalition, stating that while the road's construction would indeed harm tribal religious practices, the government was not obligated to alter its internal procedures based on individual religious rights. This decision raised critical concerns regarding the enforcement of AIRFA and diminished the legal protections available to American Indian communities. The case reflects broader issues around the intersection of federal authority, environmental policy, and indigenous rights, highlighting the ongoing struggles faced by Native American tribes in protecting their sacred lands and cultural practices.
Lyng v. Northwest Indian Cemetery Protective Association
In 1982, the United States Forest Service (USFS) prepared an environmental impact report for construction of a paved road through federal lands in the Six Rivers National Forest in California. The study reported a section of this land was historically used for religious purposes by Yurok, Karok, and Tolowa Indians, and because the site was integral to the religious practices of these people, it recommended the road not be completed. That same year, despite its own report, the Forest Service decided to build the road. After exhausting administrative remedies, a coalition of Indian organizations filed suit in federal court, challenging the decision based on the right to free exercise of religion under the First Amendment and on similar guarantees in the American Indian Religious Freedom Act (1978).
In 1987, the US Supreme Court ruled against the Indian coalition even though the Court admitted the road would severely affect tribal religious practices. The Court declared that although the free exercise clause affords individual protections, it does not afford an individual right “to dictate the conduct of the government’s internal procedures.” Additionally, it ruled that the American Indian Religious Freedom Act has no enforcement mechanisms that could compel the government to halt construction on the road. This case severely reduced both the intent of the American Indian Religious Freedom Act and the protections it afforded Indian people, and it raised questions about basic protections afforded American Indian citizens of the United States.
Bibliography
Goldberg, Carol E., Kevin Washburn, and Philip P. Frickey. Indian Law Stories. New York: Foundation, 2011. Print.
"Lyng v. Northwest Indian Cemetery Protective Association." Berkley Center for Religion, Peace, & World Affairs. Georgetown U, 2015. Web. 11 May. 2015.
"Lyng v. Northwest Indian CPA." Oyez. Oyez, IIT Chicago-Kent College of Law, 2014. Web. 11 May. 2015.
Muñoz, Vincent Philip. Religious Liberty and the American Supreme Court: The Essential Cases and Documents. Lanham: Rowman, 2013. Print.
Natl. Indian Law Library. US Supreme Court. Landmark Indian Law Cases. Buffalo: Hein, 2002. Print.