American Indian Culture and Research Journal

In 1978, Congress passed the American Indian Religious Freedom Resolution. At that time, most American Indians believed that the status of their right to practice their traditional religions was protected by that special legislation, even though in floor debate congressman Morris Udall had specifically stated that no major laws were being changed and no disruption of the existing state of affairs would take place. In the decade-and-a-half since then, Indian litigants have cited the religious freedom resolution as an indication on the part of Congress that it was federal policy, to be followed by all federal agencies, that the particular needs of traditional religious practitioners would be accommodated. In 1988, the Supreme Court turned aside the Indians of northern California, refusing to prohibit the building of a minor logging road that would ruin the high country where they held vision quests and gathered medicines (Lyng v. Northwest Indian Cemetery Assn., 485 U. S. 439 [1988]). In the spring of 1990, the Supreme Court ruled that the state of Oregon did not have to present a compelling interest in order to pass legislation that would have the effect of virtually eliminating a religion, in this instance the use of peyote for religious ritual purposes (Employment Div., Dept. of Human Resources of Oregon v. Smith, -U. S.-, 108 L. Ed. 2d 876 [1990]). The consternation that has arisen among American Indians since these decisions is genuine, and many people feel betrayed by both the Congress and the Supreme Court.