The American Indian Religious Freedom Act of 1978

"Some people want the medicine man and woman to share their religious belief in the same manner that priests, rabbis, and ministers expound publicly the tenets of their denominations; others feel that Indian ceremonials are remnants of primitive life and should be abandoned." - Vine Deloria (NARF article)

Religious freedom is an autonomy that most people living in the present take for granted. For most it is a right that they have never had to question. For example, if a westerner wants to practice Catholicism, study the "Koran", or even master the art of Zen Buddhism he or she is free to do so without suffering any consequences. This is not true for the American Indian. Religious freedom has become more of a gift given to the Indians from the United States government rather than a birthright. In the last two hundred years, the white mans' desire to assimilate the Indian in to their own culture by refining them through religious persecution can be well noted from the times of the early Spanish settlements all the way through the arrival of the French, English, and ultimately the colonization of the Americans.

Within the First Amendment of the United States Constitution it clearly states that, "Congress shall make no laws respecting an establishment of religion, or prohibiting the free exercise thereof," and should have ruled out the need for the American Indian Religious Freedom Act of 1978 (Vecsey 28). At the end of the 1800's, government representatives promulgated policies that would deteriorate indigenous religions. In 1882 Interior Secretary Henry M. Teller demanded the end of all ceremonial dances due to their hamper on the United States civilization. As a result of this the Bureau of Indian Affairs enforced laws that would imprison any Indian found practicing their traditional rituals, for as many as thirty days. Among these laws passed was one that would oppress Indians for wearing their hair in braids and another outlawing the sacred sun dance. The government's determination to further oppress Indian religions, provoked action to put an end to the Ghost Dance religion in fear that it may actually help the Indians to a rebirth of their culture and to be given back the land that was rightfully theirs. Instead of passing a law, the government used unnecessary violence to bring down the curtains upon the Ghost dance. In 1890 the horrific massacre, at "Wounded Knee" resulted in the death of 390 men, women, and children.

"1. When Indians are accused of criminal activity: transporting or ingesting peyote (Lophophora williamsii); hunting animals out of season or killing endangered species; or when Indians are prohibited from expressing features of their Indian way of life (e.g., braided hair), or participating in Indian rituals such as sweats or pipe ceremonies especially in the confines of institutions such as prisons or schools.

On August 12, 1978 President Jimmy Carter signed the bill into law. He recognized the bill's vital justification by stating,

Six years passed until Congress challenged the scantiness of the A.I.R.F.A. In March 1988, Senators DeConcini, Inouye, and Cranston introduced legislation "to ensure that Federal lands are managed in a manner that does not impair the exercise of traditional American Indian religion" (S.2250,100th Cong.,2nd Sess. 1988) (Vecsey 30). It was this bill that supported A.I.R.F.A. by implementing a new section that stated,

Wilson, Tracy. "Authorities Return Peyote to Indians in Ventura County." The Vaults of the Erowid Oct. 29, 00. Earthlink. 12 Oct. 00 *Http://www.erowid.org/plants/peyote/peyote_media5.shtml*.

2. When revered artifacts are kept from the communities that use them religiously and are displayed against their will; or, when Indian bodily remains are taken from burial grounds and treated in a manner perceived by Indians as sacrilegious.

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Approximate Word count = 3127
Approximate Pages = 13 (250 words per page double spaced)