Old Ground and New Directions at Sacred Sites on the Western Landscape
Kristen A. Carpenter
Denver University Law Review, Vol. 83, p. 981, 2006
University of Denver Legal Studies Research Paper No. 07-03
The federal public lands contain places with both religious and secular value for American people. American Indians, in particular, hold certain natural features to be sacred, and visit them for ceremonies and worship. Simultaneously, non-Indians use the same places for economic, recreation, and many other purposes - and conflicts arise between these groups. In the past twenty years, a body of constitutional jurisprudence has developed to address questions of religious freedoms and public access rights on these lands that are owned and managed by the federal government. This article outlines the relevant First Amendment framework as well as recent statutes that apply in sacred sites cases. Acknowledging that the law fails to satisfy parties on all sides of the dispute, it also suggests new directions for scholarship and advocacy in the sacred sites realm.
Number of Pages in PDF File: 23
Keywords: Indian law, religious freedoms, First Amendment, RFRA, RLUIPA, sacred sites, property, public lands
Date posted: December 13, 2006