Year: 1989
Type: article
Abstract: Invariably, those challenges failed.4 Given the United States Supreme Court's recent decision in Lyng v. Northwest Indian Cemetery Protective Association, 5 the free exercise clause appears an ineffective legal theory upon which Native Americans may seek protection of their sacred sites.6 Native American tribes possess a unique relationship with the United States government.7 The courts characterize the relation as that of a trust, casting the Federal Government in the role of the Native Americans' protector.'The "trust doctrine," which imposes a fiduciary duty on the Federal Government, 9 provides Native Americans with a means of challenging gov-Cir.1980) (Navajo challenged government's operation of lake surrounding Rainbow Bridge National Park in order to restrict public access on grounds of first amendment free exercise rights), cert.denied, 452 U.S. 954 (1981); Sequoyah v. Tennessee Valley Auth.(TVA), 620 F.2d 1159 (6th Cir.) (proposed operation of dam challenged as violative of first amendment), cert.denied, 449 U.S. 953 (1980); Crow v. Gullet, 541 F. Supp.785 (D.S.D. 1982), aff'd, 706 F.2d 856 (8th Cir.) (government's regulation of access to sacred site challenged as violative of first amendment), cert.denied, 464 U.S. 977 (1983).4. See Wilson, 708 F.2d at 744; Badoni, 638 F.2d at 176-80; Sequoyah, 620 F.2d at 1165; Crow, 541 F. Supp. at 794.5. 108 S. Ct. 1319 (1988).6. See id. at 1327 ("[G]overnment could simply not operate if it were required to satisfy every citizen's religious needs and desires.").The site involved in Lyng fell within the geographic boundaries of government property.Id. at 1320.Thousands of other sites are similarly situated.
Author: Ezra, Jeri Beth K.
Institution: Catholic University of America
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W827094853