The remarkable story of the innovative legal strategies Native
Americans have used to protect their religious rights From North
Dakota's Standing Rock encampments to Arizona's San Francisco Peaks,
Native Americans have repeatedly asserted legal rights to religious
freedom to protect their sacred places, practices, objects, knowledge,
and ancestral remains. But these claims have met with little success
in court because Native American communal traditions don't fit easily
into modern Western definitions of religion. In Defend the Sacred,
Michael McNally explores how, in response to this situation, Native
peoples have creatively turned to other legal means to safeguard what
matters to them. To articulate their claims, Native peoples have
resourcefully used the languages of cultural resources under
environmental and historic preservation law; of sovereignty under
treaty-based federal Indian law; and, increasingly, of Indigenous
rights under international human rights law. Along the way, Native
nations still draw on the rhetorical power of religious freedom to
gain legislative and regulatory successes beyond the First Amendment.
The story of Native American advocates and their struggle to protect
their liberties, Defend the Sacred casts new light on discussions of
religious freedom, cultural resource management, and the vitality of
Indigenous religions today.
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Native American Religious Freedom beyond the First Amendment
Produktdetaljer
ISBN
9780691201511
Publisert
2020
Utgiver
Princeton University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter