Lying v. Northwest Indian CPA
Encyclopedia
Lying v. Northwest Indian CPA was a decision by the Supreme Court of the United States
over a dispute about the range of the First Amendment right to the free exercise of religion. It held that the United States Forest Service
was free to harvest the lands by building a paved roadway that would cut through the Chimney Rock area of the Six Rivers National Forest
.
wanted to build a six-mile connection between two roads and chose the Chimney Rock area of Six Rivers National Forest
as the location. It was also considering timber harvesting in the area. A study conducted by the Forest Service
reported that harvesting the Chimney Rock area would irreversibly damage grounds that had been used by Native Americans in the past to perform religious rituals. After the Forest Service
decided to construct a road, the Northwest Indian Cemetery Protective Association took action against Secretary of Agriculture Richard Lying.
The choice was made after considering other alternatives, as the area had been historically used by Native Americans
for their religious rituals. These ceremonies required privacy, silence, and an undisturbed natural setting. A primary characteristic of Native American religion is the belief in sacred lands: land itself is regarded as sacred, living, and having significant spiritual qualities.
The rituals performed on the holy sites are regarded as being particularly holy for the purpose of honoring the land itself, of gaining "medicine" or spiritual power. Because the Forest Service
intended to put a road through here, Native Americans filed suit claiming that it would constitute an impermissible burden on their freedom of religious exercise.
was free to harvest the lands. Though the government's actions would have severe adverse effects on the Indians' practice of their religion, those effects were only incidental and did not constitute an attempt to coerce Native Americans to act in violation of their beliefs. The Court reasoned that government could not operate "if it were required to satisfy every citizen's religious needs and desires," and that the First Amendment did not give any one group veto power over public programs that did not actually prohibit the free exercise of religion.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
over a dispute about the range of the First Amendment right to the free exercise of religion. It held that the United States Forest Service
United States Forest Service
The United States Forest Service is an agency of the United States Department of Agriculture that administers the nation's 155 national forests and 20 national grasslands, which encompass...
was free to harvest the lands by building a paved roadway that would cut through the Chimney Rock area of the Six Rivers National Forest
Six Rivers National Forest
Six Rivers National Forest is a U.S. National Forest located in the northwestern corner of California. It was established on July 1, 1947 by U.S. President Harry S. Truman from portions of Klamath, Siskiyou and Trinity National Forests. Its over one million acres of land contain a variety of...
.
Background
The United States Forest ServiceUnited States Forest Service
The United States Forest Service is an agency of the United States Department of Agriculture that administers the nation's 155 national forests and 20 national grasslands, which encompass...
wanted to build a six-mile connection between two roads and chose the Chimney Rock area of Six Rivers National Forest
Six Rivers National Forest
Six Rivers National Forest is a U.S. National Forest located in the northwestern corner of California. It was established on July 1, 1947 by U.S. President Harry S. Truman from portions of Klamath, Siskiyou and Trinity National Forests. Its over one million acres of land contain a variety of...
as the location. It was also considering timber harvesting in the area. A study conducted by the Forest Service
United States Forest Service
The United States Forest Service is an agency of the United States Department of Agriculture that administers the nation's 155 national forests and 20 national grasslands, which encompass...
reported that harvesting the Chimney Rock area would irreversibly damage grounds that had been used by Native Americans in the past to perform religious rituals. After the Forest Service
United States Forest Service
The United States Forest Service is an agency of the United States Department of Agriculture that administers the nation's 155 national forests and 20 national grasslands, which encompass...
decided to construct a road, the Northwest Indian Cemetery Protective Association took action against Secretary of Agriculture Richard Lying.
The choice was made after considering other alternatives, as the area had been historically used by Native Americans
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
for their religious rituals. These ceremonies required privacy, silence, and an undisturbed natural setting. A primary characteristic of Native American religion is the belief in sacred lands: land itself is regarded as sacred, living, and having significant spiritual qualities.
The rituals performed on the holy sites are regarded as being particularly holy for the purpose of honoring the land itself, of gaining "medicine" or spiritual power. Because the Forest Service
United States Forest Service
The United States Forest Service is an agency of the United States Department of Agriculture that administers the nation's 155 national forests and 20 national grasslands, which encompass...
intended to put a road through here, Native Americans filed suit claiming that it would constitute an impermissible burden on their freedom of religious exercise.
Ruling
In a 5-to-3 decision, the Court held that the Forest ServiceUnited States Forest Service
The United States Forest Service is an agency of the United States Department of Agriculture that administers the nation's 155 national forests and 20 national grasslands, which encompass...
was free to harvest the lands. Though the government's actions would have severe adverse effects on the Indians' practice of their religion, those effects were only incidental and did not constitute an attempt to coerce Native Americans to act in violation of their beliefs. The Court reasoned that government could not operate "if it were required to satisfy every citizen's religious needs and desires," and that the First Amendment did not give any one group veto power over public programs that did not actually prohibit the free exercise of religion.