Religious Freedom And Indian Rights

Author : Carolyn Nestor Long
Publisher : Landmark Law Cases and American Society
Page : 344 pages
File Size : 46,5 Mb
Release : 2000
Category : Law
ISBN : UOM:39015049650719

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Religious Freedom and Indian Rights by Carolyn Nestor Long Pdf

"The Supreme Court's controversial decision in Oregon v. Smith sharply departed from previous expansive readings of the First Amendment's religious freedom clause and ignited a firestorm of protest from legal scholars, religious groups, legislators, and Native Americans. A major event in Native American history, the case attracted widespread support for the Indian cause from a diverse array of religious groups eager to protect their own religious freedom and led to an intense tug-of-war between the Court and Congress. Carolyn Long provides the first book-length analysis of Smith and shows shy it continues to resonate so deeply in the American psyche."--Back cover.

Author : Michael D. McNally
Publisher : Princeton University Press
Page : 400 pages
File Size : 54,7 Mb
Release : 2020-04-14
Category : History
ISBN : 9780691190907

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Defend the Sacred by Michael D. McNally Pdf

"In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--

Author : Nicholas Shrubsole
Publisher : University of Toronto Press
Page : 275 pages
File Size : 55,7 Mb
Release : 2019-07-04
Category : Law
ISBN : 9781487530747

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What Has No Place, Remains by Nicholas Shrubsole Pdf

The desire to erase the religions of Indigenous Peoples is an ideological fixture of the colonial project that marked the first century of Canada’s nationhood. While the ban on certain Indigenous religious practices was lifted after the Second World War, it was not until 1982 that Canada recognized Aboriginal rights, constitutionally protecting the diverse cultures of Indigenous Peoples. As former prime minister Stephen Harper stated in Canada’s apology for Indian residential schools, the desire to destroy Indigenous cultures, including religions, has no place in Canada today. And yet Indigenous religions continue to remain under threat. Framed through a postcolonial lens, What Has No Place, Remains analyses state actions, responses, and decisions on matters of Indigenous religious freedom. The book is particularly concerned with legal cases, such as Ktunaxa Nation v. British Columbia (2017), but also draws on political negotiations, such as those at Voisey’s Bay, and standoffs, such as the one at Gustafsen Lake, to generate a more comprehensive picture of the challenges for Indigenous religious freedom beyond Canada’s courts. With particular attention to cosmologically significant space, this book provides the first comprehensive assessment of the conceptual, cultural, political, social, and legal reasons why religious freedom for Indigenous Peoples is currently an impossibility in Canada.

Author : Goldie Osuri
Publisher : Routledge
Page : 218 pages
File Size : 43,9 Mb
Release : 2012-09-10
Category : Political Science
ISBN : 9781136302022

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Religious Freedom in India by Goldie Osuri Pdf

Drawing on the critical and theoretical concepts of sovereignty, biopolitics, and necropolitics, this book examines how a normative liberal and secular understanding of India’s religious identity is translatable by Hindu nationalists into discrimination and violence against minoritized religious communities. Extending these concepts to an analysis of historical, political and legal genealogies of conversion, the author demonstrates how a concern for sovereignty links past and present anti-conversion campaigns and laws. The book illustrates how sovereignty informs the making of secularism as well as religious difference. The focus on sovereignty sheds light on the manner in which religious difference becomes a point of reference for the religio-secular idioms of Bombay cinema, for legal judgements on communal violence, for human rights organizations, and those seeking justice for communal violence. This wide-ranging examination and discussion of the trajectories of (anti) conversion politics through historical, legal, philosophical, popular cultural, archival and ethnographic material offers a cogent argument for shifting the stakes and rethinking the relationship between sovereignty and religious freedom. The book is a timely contribution to broader theoretical and political discussions of (post) secularism and human rights, and is of interest to students and scholars of postcolonial studies, cultural studies, law, and religious studies.

Author : John R. Wunder
Publisher : Routledge
Page : 392 pages
File Size : 53,7 Mb
Release : 2014-04-23
Category : Religion
ISBN : 9781135631338

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Native American Cultural and Religious Freedoms by John R. Wunder Pdf

First Published in 2000. The fight to have the American legal system recognize Native American religions has taken many forms, from the confrontation over Indian usage of eagle feathers and the ingestion of peyote in religious ceremonies to the right of students to have traditional Indian hair styles while attending public schools. It was thought that the passage of the American Indian Religious Freedoms Act of 1978 would alleviate these problems, but Supreme Court interpretations have essentially eviscerated this law. In addition to these issues, the articles in this collection address the ongoing conflict between Native Americans and museums and states over who has rights to the skeletal remains and burial objects that have been illegally recovered throughout the U.S.

Author : United States. Congress. Senate. Select Committee on Indian Affairs
Publisher : Unknown
Page : 444 pages
File Size : 55,7 Mb
Release : 1992
Category : Law
ISBN : LOC:00185860140

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Religious Freedom Act by United States. Congress. Senate. Select Committee on Indian Affairs Pdf

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights
Publisher : Unknown
Page : 440 pages
File Size : 48,5 Mb
Release : 1982
Category : Freedom of religion
ISBN : STANFORD:36105045457269

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Indian Religious Freedom Issues by United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights Pdf

Author : Christopher Vecsey
Publisher : Crossroad Publishing
Page : 186 pages
File Size : 48,8 Mb
Release : 1991
Category : Law
ISBN : 0824510674

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Handbook of American Indian Religious Freedom by Christopher Vecsey Pdf

"American Indian communities regard their religious freedoms to be endangered. Despite the First Amendment and an act of Congress that purports to protect Indian religious rights, Native Americans find the practice of their religious traditions to be hindered, often by governmental interference. This book, a collective effort by scholars, lawyers, and American Indian spokespersons has three goals: to identify the specific areas in which Indian religious practices are undermined by federal, state, and local policies as well as by private enterprises; to help non-Indians understand the conceptual bases for American Indian religious beliefs and practices; to suggest practical ways in which to protect the free exercise of Indian religions in the face of other conflicting claims and values. Specifically, Indians find their religious practice endangered in the following ways: the degradation of geographical areas deemed sacred sites; the maltreatment of Indian burials, particularly bodily remains; the prohibition against capture, kill, and use of endangered or protected series; the regulations regarding the collection, transport, and use of peyote; the alienation and display of religious artifacts; the prevention of Indian rituals and behavior (the wearing of braided hair, participation in sweats or pipe ceremonies), particularly in authoritarian institutions. This book is both a manifesto decrying policies that endanger American Indian religious traditions and a manual showing ways in which these traditions might be protected and promoted"--Back cover.

Author : Rebecca Samuel Shah,Joel Carpenter
Publisher : Fortress Press
Page : 200 pages
File Size : 44,7 Mb
Release : 2018-11-08
Category : Religion
ISBN : 9781506447926

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Christianity in India by Rebecca Samuel Shah,Joel Carpenter Pdf

Christianity has been present in India since at least the third century, but the faith remains a small minority. Even so, Christianity is growing rapidly in parts of the subcontinent, and has made an impact far beyond its numbers. Yet Indian Christianity remains highly controversial, and it has suffered growing discrimination and violence. This book shows how Christian converts and communities continue to make contributions to Indian society, even amid social pressure and violent persecution. In a time of controversy in India about the legitimacy of conversion and the value of religious diversity, Christianity in India addresses the complex issues of faith, identity, caste, and culture. It documents the outsized role of Christians in promoting human rights, providing education and healthcare, fighting injustice and exploitation, and stimulating economic uplift for the poor. Readers will come away surprised and sobered to learn how these active initiatives often invite persecution today. The essays draw on intimate and personal encounters with Christians in India, past and present, and address the challenges of religious freedom in contemporary India.

Author : United States Commission on Civil Rights
Publisher : Unknown
Page : 88 pages
File Size : 49,9 Mb
Release : 1983
Category : Church and state
ISBN : UIUC:30112012094980

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Religion in the Constitution, a Delicate Balance by United States Commission on Civil Rights Pdf

Author : Tisa Joy Wenger
Publisher : Univ of North Carolina Press
Page : 357 pages
File Size : 47,6 Mb
Release : 2009
Category : Religion
ISBN : 9780807832622

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We Have a Religion by Tisa Joy Wenger Pdf

For Native Americans, religious freedom has been an elusive goal. From nineteenth-century bans on indigenous ceremonial practices to twenty-first-century legal battles over sacred lands, peyote use, and hunting practices, the U.S. government has often act

Author : Kevin Vallier,Michael E. Weber
Publisher : Oxford University Press
Page : 329 pages
File Size : 41,8 Mb
Release : 2018
Category : Law
ISBN : 9780190666187

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Religious Exemptions by Kevin Vallier,Michael E. Weber Pdf

Religious exemptions have a long history in American law, but have become especially controversial over the last several years. The essays in this volume address the moral and philosophical issues that the legal practice of religious exemptions often raises.

Author : United States. Congress. Senate. Select Committee on Indian Affairs
Publisher : Unknown
Page : 288 pages
File Size : 48,5 Mb
Release : 1978
Category : Freedom of religion
ISBN : STANFORD:36105045382723

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American Indian Religious Freedom by United States. Congress. Senate. Select Committee on Indian Affairs Pdf

Author : Laura Dudley Jenkins
Publisher : University of Pennsylvania Press
Page : 320 pages
File Size : 50,6 Mb
Release : 2019-06-07
Category : Political Science
ISBN : 9780812250923

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Religious Freedom and Mass Conversion in India by Laura Dudley Jenkins Pdf

Hinduism is the largest religion in India, encompassing roughly 80 percent of the population, while 14 percent of the population practices Islam and the remaining 6 percent adheres to other religions. The right to "freely profess, practice, and propagate religion" in India's constitution is one of the most comprehensive articulations of the right to religious freedom. Yet from the late colonial era to the present, mass conversions to minority religions have inflamed majority-minority relations in India and complicated the exercise of this right. In Religious Freedom and Mass Conversion in India, Laura Dudley Jenkins examines three mass conversion movements in India: among Christians in the 1930s, Dalit Buddhists in the 1950s, and Mizo Jews in the 2000s. Critics of these movements claimed mass converts were victims of overzealous proselytizers promising material benefits, but defenders insisted the converts were individuals choosing to convert for spiritual reasons. Jenkins traces the origins of these opposing arguments to the 1930s and 1940s, when emerging human rights frameworks and early social scientific studies of religion posited an ideal convert: an individual making a purely spiritual choice. However, she observes that India's mass conversions did not adhere to this model and therefore sparked scrutiny of mass converts' individual agency and spiritual sincerity. Jenkins demonstrates that the preoccupation with converts' agency and sincerity has resulted in significant challenges to religious freedom. One is the proliferation of legislation limiting induced conversions. Another is the restriction of affirmative action rights of low caste people who choose to practice Islam or Christianity. Last, incendiary rumors are intentionally spread of women being converted to Islam via seduction. Religious Freedom and Mass Conversion in India illuminates the ways in which these tactics immobilize potential converts, reinforce damaging assumptions about women, lower castes, and religious minorities, and continue to restrict religious freedom in India today.

Author : Tisa Wenger
Publisher : UNC Press Books
Page : 313 pages
File Size : 51,5 Mb
Release : 2017-08-31
Category : Religion
ISBN : 9781469634630

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Religious Freedom by Tisa Wenger Pdf

Religious freedom is so often presented as a timeless American ideal and an inalienable right, appearing fully formed at the founding of the United States. That is simply not so, Tisa Wenger contends in this sweeping and brilliantly argued book. Instead, American ideas about religious freedom were continually reinvented through a vibrant national discourse--Wenger calls it "religious freedom talk--that cannot possibly be separated from the evolving politics of race and empire. More often than not, Wenger demonstrates, religious freedom talk worked to privilege the dominant white Christian population. At the same time, a diverse array of minority groups at home and colonized people abroad invoked and reinterpreted this ideal to defend themselves and their ways of life. In so doing they posed sharp challenges to the racial and religious exclusions of American life. People of almost every religious stripe have argued, debated, negotiated, and brought into being an ideal called American religious freedom, subtly transforming their own identities and traditions in the process. In a post-9/11 world, Wenger reflects, public attention to religious freedom and its implications is as consequential as it has ever been.