Native Americans and freedom of religion
By National Geographic, adapted by Newsela staff on 09.11.19
Word Count 662
Level 830L
Image 1. This undated photograph from the 1800s reads "Chiricahua Apaches Four Months After Arriving at Carlisle." This portrait of a
group of Apaches at the Carlisle boarding school in Pennsylvania was typical of ones during this period of forced assimilation. Before and
after "contrast" photos were sent to officials in Washington, to potential charitable donors and to other reservations to recruit new students.
Founded in 1879 under U. S. governmental authority by General Richard Henry Pratt, Carlisle was the first federally funded off-reservation
Native American boarding school. Pratt's photographs showing his quick results helped persuade Washington that he was doing vital work.
Image courtesy of the Richard Henry Pratt Papers, Beinecke Rare Book & Manuscript Library, Yale University.
The First Amendment of the U.S. Constitution
promises freedom of religion. People are free to
worship as they choose. The government cannot get in
the way. However, Native American religions have not
always been treated in this manner.
About 500 years ago, Europeans first made contact with Native Americans. The Europeans failed
to recognize Native American beliefs as religions. Native Americans do not have one single
religion. Instead, there are many different belief systems among tribes. Many of the religions have
certain similarities, like a creator. Place and nature are important, as well as sacred or holy spaces.
Toward the end of the 1800s, the United States tried to force Native Americans to become more
like European Americans through assimilation. Native Americans were forced off of their land.
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Their children were taken away and forced to go to boarding schools set up by the
government. The separation made it easier to make the children forget their language and culture.
Even though the schools were run by the government, the children were taught Christian beliefs.
The government believed that Native American traditions got in the way of the assimilation of the
children. In 1883, Hiram Price was Commissioner of Indian Affairs. He was in charge of how the
government treated Native Americans. Price created a set of rules. They became known as the
"Code of Indian Offences." The code made many traditional Native American religious practices
like dance ceremonies against the law. If people broke the law, they might not get food or have to
go to prison.
New Commissioner Respects Native American Religions
The code lasted until at least 1934. In 1934, John Collier was the new Commissioner of Indian
Affairs. He said the government would no longer get in the way of Native American practices.
In 1978, the American Indian Religious Freedom Act, or AIRFA, became law. The law recognized
that the government had been preventing the practice of Native American religions. They admitted
that the government had also kept Native Americans from holy sites and objects.
In 1988, the country's highest court, the Supreme Court, saw a case called Lyng v. Northwest
Indian Cemetery Protective Association. The government Forest Service wanted to build a logging
road in Six Rivers National Forest in California. The road would cut through important Native
American holy lands. The government decided the road should not be built.
However, the Forest Service went ahead with construction. The Forest Service argued that the
road would be far from the holy sites. The tribes sued. However, the Supreme Court allowed
construction of the road. It decided that while people could not be forced to practice certain
religions, the government did not need to meet every person's religious needs.
Peyote Use Is Allowed Again
Eight years later, President Bill Clinton went against the court's decision. He ordered the
government to let Native Americans use holy sites. The government must also avoid harming such
sites.
More recently, the Supreme Court looked at the Native American Church's use of a drug called
peyote. The church is a mix of Christian and Native American practices. Peyote is a cactus. When
eaten, it can cause people to see and hear imaginary things. Using peyote is against the law in the
United States. The Native American Church uses peyote, though, in some religious ceremonies.
The Supreme Court decided that the church must follow generally valid laws.
In response, Congress passed, and President Clinton signed, the Religious Freedom Restoration
Act, or RFRA. The law stated that the government could not stop someone's religious practice even
through a valid law. Twenty-one states have their own version of RFRA. The AIFRA was also
changed. Now, the law specifically allows for use of peyote by members of the Native American
Church.
The government is no longer actively trying to get rid of Native American culture. Some progress
to free religious practice has been made. However, traditional Native religious practices can still
This article is available at 5 reading levels at https://newsela.com.
conflict with the law.
This article is available at 5 reading levels at https://newsela.com.
