Protecting Native American Religious Freedom: The Legal, Historical, and Constitutional Basis for the Proposed Native American Free Exercise of Religion Act
Introduction
The 103d Congress is considering comprehensive legislation to protect the religious freedom rights of Native Americans.’ This landmark legislation is actively supported by a broad coalition of Indian tribes and organizations, environmental groups, and religious and human rights organizations. This Article will explain the cultural and legal concerns that have given rise to this effort and that demonstrate the critical need for enactment of the Native American Free Exercise of Religion Act (NAFERA). This Article will also analyze the constitutionality of the legislation in its current proposed form.
Suggested Reading
Thomas v. Review Board of Indiana Employment Security Division: Denying Freedom of Religion in Unemployment Compensation Cases
Examining whether denying unemployment benefits when termination of employment was for religious reasons violates free exercise of religion
Law, Principle, and Reality
Discussion of Native American land, culture and treaties.