Prohibition of native religious ceremonies was law for almost 50 yrs

[G_j]

It wasn't until 1978 that Native Americans were legally allowed to even practice their own religions.
So when I hear certain people talking about the government being "anti-Christian" I have to shrug my head.


http://www2.cr.nps.gov/laws/religious.htm

American Indian Religious Freedom Act of 1978



§ 1996. Protection and preservation of traditional religions of Native Americans
On and after August 11, 1978, it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.

==================


http://www.fcnl.org/issues/nat/sup/nat_bkrelfree.htm

HISTORY OF U.S. POLICY: A DISREGARD OF NATIVE RELIGIOUS FREEDOM

The history of U.S. policy towards the religious practices of Native Americans contrasts sharply with the image of the U.S. as a refuge from religious persecution and domination. Beginning in the early 19th century, the federal government supported the "civilization" and "Christian education"of Native Americans. Congress financially supported mission activities, including 200 mission schools which prohibited students from practicing their traditional religions. The Dawes Act of 1887 outright prohibited native religious ceremonies and the practices of traditional religious figures. This was the law of the land for almost fifty years.

Even today, the freedom of Native Americans to practice their traditional religions continues to be questioned in the courts and discounted in federal legislation. In the past few decades, issues such as access to religious sites, the use of peyote in religious ceremonies, the process of obtaining eagle feathers for religious uses, and Native American prisoners’ access to religious articles and practitioners have all raised questions about the U.S. government’s true commitment to protecting religious freedom for all people in the U.S., including Native Americans.

<snip>

[bryant69]

1. This is pretty bad

But i'm not sure what it proves about the current Christmas debate, if that is indeed the parallel you are going for. I mean it was clearly wrong for Americans to try to ban indian holidays (presumably out of a desire for the Native Americans to assimilate and become successful), but how does that relate to current conservative BS complaints about the season?

Bryant
Check it out --> http://politicalcomment.blogspot.com

[G_j]

2. I guess my point is

that this what REAL religious persecution looks like.
Churches have never been against the law, sweat lodges, Sun-dances etc. were.

on edit:
I also was thinking of the oft repeated meme about "returning to American values".

[bryant69]

3. That is a good point

A lot of the so-called persecution of christians consists of other ideas being expressed or them not getting their way immediately.

Bryant
Check it out --> http://politicalcomment.blogspot.com

[G_j]

4. and it should be noted that

many American Indian children were put into mission schools and had Christianity forced on them.

[G_j]

5. "Earth Religions Awareness Week."

I remember this controversy well, as I live in Asheville.

http://www.religioustolerance.org/wic_news_99.htm

1999-OCT-19: NC Carolina: Local Earth Religions proclamation: A group of 25 people, some of them Christian clergy, gathered at the Asheville NC city hall and protested an earlier decree by the mayor, Leni Sitnick. The proclamation recognized the week starting OCT-25 as "Earth Religions Awareness Week." She commented: "I don't tell anyone how to believe, but I support everyone's right to freedom of religion. Being aware of different religions, of all religions ... should not be feared." In her proclamation, she wrote, in part: that Earth-centered religion are "among the oldest spiritual systems on the planet." It continued that its followers "have given us practical knowledge of herbal remedies, midwifery and alternative forms of healing." Ken Lewis, pastor of the West Asheville Baptist Church, said "We just wanted to counter that by making a positive statement that we believe Jesus is Lord." Rev. Jim Dykes, chairman of the Community Council for Biblical Values, asked the mayor to designate "Lordship of Jesus Christ Week" instead. Albert Bishop, minister of the Riverside Baptist Church said he was worried that some students might have their curiosity raised about witchcraft and might try it out. He said: "If they see these things happening, they may see it as exciting, and that may send them to hell."
------

http://www.freedomforum.org/templates/document.asp?documentID=8454

Ministers condemn N.C. mayor's declaration of Earth Religions Awareness Week

The Associated Press

10.22.99

ASHEVILLE, N.C. — Some local ministers angry over a mayor's proclamation to honor pagan religions and a witch's visit to an elementary school say Christianity should have equal time, and even more.

Mayor Leni Sitnick, who proclaimed Oct. 25-Nov. 1 as Earth Religions Awareness Week, issued a statement apologizing to those who might have been offended but defended religious freedom in the community.

"I don't tell anyone how to believe, but I support everyone's right to freedom of religion," she said. "Being 'aware' of different religions, of all religions, whether Christian, Jewish, Muslim, Hindu, Native American, or any other should not be feared."

Proclamation opponents protested outside City Hall on Oct. 19, saying it opens the door to witchcraft, the occult and satanism.

<snip>
------
Local editorial
http://www.citizen-times.com/cache/article/faith/63693.shtml

[xchrom]

6. yes those persecuted christians

i am christian -- but i'm also aware of the depredations my faith commited on indigenous people every where -- and no where is it more poignant than right here in the good ol' us of a.
this was the act of a christian government going after anothers faith.
that is all it boils down to.

[gottaB]

7. Employment Division v Smith

afaik that's still the law of the land, though Oregon has since amended its laws to permit religious use of peyote.

Employment Division v Smith

Boerne v Flores

Summary of the issue:
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/freeexercise.htm

[Pow_Wow]

8. American Indian Religious Freedom Act Amendments of 1994

http://www.thecre.com/fedlaw/legal22x/aipaamen.htm

American Indian Religious Freedom Act Amendments of 1994 (Enrolled Bill (Sent to President))


H.R.4230


One Hundred Third Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty­fifth day of January, one thousand nine hundred and ninety­four.

An Act


To amend the American Indian Religious Freedom Act to provide for the traditional use of peyote by Indians for religious purposes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
This Act may be cited as the `American Indian Religious Freedom Act Amendments of 1994'.

SEC. 2. TRADITIONAL INDIAN RELIGIOUS USE OF THE PEYOTE SACRAMENT.
The Act of August 11, 1978 (42 U.S.C. 1996), commonly referred to as the `American Indian Religious Freedom Act', is amended by adding at the end thereof the following new section:

SEC. 3. (a) The Congress finds and declares that­­
`(1) for many Indian people, the traditional ceremonial use of the peyote cactus as a religious sacrament has for centuries been integral to a way of life, and significant in perpetuating Indian tribes and cultures;
`(2) since 1965, this ceremonial use of peyote by Indians has been protected by Federal regulation;
`(3) while at least 28 States have enacted laws which are similar to, or are in conformance with, the Federal regulation which protects the ceremonial use of peyote by Indian religious practitioners, 22 States have not done so, and this lack of uniformity has created hardship for Indian people who participate in such religious ceremonies;
`(4) the Supreme Court of the United States, in the case of Employment Division v. Smith, 494 U.S. 872 (1990), held that the First Amendment does not protect Indian practitioners who use peyote in Indian religious ceremonies, and also raised uncertainty whether this religious practice would be protected under the compelling State interest standard; and
`(5) the lack of adequate and clear legal protection for the religious use of peyote by Indians may serve to stigmatize and marginalize Indian tribes and cultures, and increase the risk that they will be exposed to discriminatory treatment.
`(b)(1) Notwithstanding any other provision of law, the use, possession, or transportation of peyote by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or any State. No Indian shall be penalized or discriminated against on the basis of such use, possession or transportation, including, but not limited to, denial of otherwise applicable benefits under public assistance programs.
`(2) This section does not prohibit such reasonable regulation and registration by the Drug Enforcement Administration of those persons who cultivate, harvest, or distribute peyote as may be consistent with the purposes of this Act.
`(3) This section does not prohibit application of the provisions of section 481.111(a) of Vernon's Texas Health and Safety Code Annotated, in effect on the date of enactment of this section, insofar as those provisions pertain to the cultivation, harvest, and distribution of peyote.
`(4) Nothing in this section shall prohibit any Federal department or agency, in carrying out its statutory responsibilities and functions, from promulgating regulations establishing reasonable limitations on the use or ingestion of peyote prior to or during the performance of duties by sworn law enforcement officers or personnel directly involved in public transportation or any other safety­sensitive positions where the performance of such duties may be adversely affected by such use or ingestion. Such regulations shall be adopted only after consultation with representatives of traditional Indian religions for which the sacramental use of peyote is integral to their practice. Any regulation promulgated pursuant to this section shall be subject to the balancing test set forth in section 3 of the Religious Freedom Restoration Act (Public Law 103­141; 42 U.S.C. 2000bb­1).
`(5) This section shall not be construed as requiring prison authorities to permit, nor shall it be construed to prohibit prison authorities from permitting, access to peyote by Indians while incarcerated within Federal or State prison facilities.
`(6) Subject to the provisions of the Religious Freedom Restoration Act (Public Law 103­141; 42 U.S.C. 2000bb­1), this section shall not be construed to prohibit States from enacting or enforcing reasonable traffic safety laws or regulations.
`(7) Subject to the provisions of the <B>Religious Freedom Restoration Act (Public Law 103­141; 42 U.S.C. 2000bb­1), this section does not prohibit the Secretary of Defense from promulgating regulations establishing reasonable limitations on the use, possession, transportation, or distribution of peyote to promote military readiness, safety, or compliance with international law or laws of other countries. Such regulations shall be adopted only after consultation with representatives of traditional Indian religions for which the sacramental use of peyote is integral to their practice.
`(c) For purposes of this section­­
`(1) the term `Indian' means a member of an Indian tribe;
`(2) the term `Indian tribe' means any tribe, band, nation, pueblo, or other organized group or community of Indians, including any Alaska Native village (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;
`(3) the term `Indian religion' means any religion­­
`(A) which is practiced by Indians, and
`(B) the origin and interpretation of which is from within a traditional Indian culture or community; and
`(4) the term `State' means any State of the United States, and any political subdivision thereof.
`(d) Nothing in this section shall be construed as abrogating, diminishing, or otherwise affecting­­
`(1) the inherent rights of any Indian tribe;
`(2) the rights, express or implicit, of any Indian tribe which exist under treaties, Executive orders, and laws of the United States;
`(3) the inherent right of Indians to practice their religions; and
`(4) the right of Indians to practice their religions under any Federal or State law.'


Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

[ProdigalJunkMail]

9. wasn't most of this about the use of

illegal drugs and things like eagle (endangered species)feathers in these rites? I don't agree with the illegality of the drugs...but this was what most of this about, no?

theProdigal

[G_j]

10. Long before the recognition of endangered species

or most "illegal" drugs

From:
American Indian Religious Freedom
lots of good stuff here.


http://www.dlncoalition.org/related_issues/religious_issues.htm



"Native American religions were outlawed under the federal "Civilization Regulations" from the 1880s to the 1930s. Traditional Native Peoples were not allowed to go to or pray at their sacred places. All of the traditional religions were driven underground, some to the point of extinction.

From the Protection of Native American Sacred Places Fact Sheet, Prepared for the Coalition to Protect Native American Sacred Places by The Morning Star Institute, 611 Pennsylvania Ave., SE, #377, Wash., DC 20003 [phone] "
===
1880 - Civilization Regulations.
These Interior Secretary rules (re-issued in 1884, 1894, and 1904) set forth a series of offenses and penalties that applied only to Indians.
They outlawed Indian religions, the practices of "so-called" medicine men, religious ceremonies, and unauthorized roaming off the reservations.

[ProdigalJunkMail]

11. interesting...will have to read

thanks

tP