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Author: Carolyn Nestor Long
Publisher: Landmark Law Cases and American Society
ISBN:
Category : Law
Languages : en
Pages : 344
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Book Description
"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: Carolyn Nestor Long
Publisher: Landmark Law Cases and American Society
ISBN:
Category : Law
Languages : en
Pages : 344
Get Book Here
Book Description
"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
ISBN: 0691190909
Category : History
Languages : en
Pages : 400
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Book Description
"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: Tisa Joy Wenger
Publisher: Univ of North Carolina Press
ISBN: 0807832626
Category : Religion
Languages : en
Pages : 357
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Book Description
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: Tisa Wenger
Publisher: UNC Press Books
ISBN: 1469634635
Category : Religion
Languages : en
Pages : 313
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Book Description
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.
Author: Nicholas Shrubsole
Publisher: University of Toronto Press
ISBN: 1487530749
Category : Law
Languages : en
Pages : 275
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Book Description
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: Thomas C. Maroukis
Publisher: University of Oklahoma Press
ISBN: 0806185961
Category : History
Languages : en
Pages : 296
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Book Description
Despite challenges by the federal government to restrict the use of peyote, the Native American Church, which uses the hallucinogenic cactus as a religious sacrament, has become the largest indigenous denomination among American Indians today. The Peyote Road examines the history of the NAC, including its legal struggles to defend the controversial use of peyote. Thomas C. Maroukis has conducted extensive interviews with NAC members and leaders to craft an authoritative account of the church’s history, diverse religious practices, and significant people. His book integrates a narrative history of the Peyote faith with analysis of its religious beliefs and practices—as well as its art and music—and an emphasis on the views of NAC members. Deftly blending oral histories and legal research, Maroukis traces the religion’s history from its Mesoamerican roots to the legal incorporation of the NAC; its expansion to the northern plains, Great Basin, and Southwest; and challenges to Peyotism by state and federal governments, including the Supreme Court decision in Oregon v. Smith. He also introduces readers to the inner workings of the NAC with descriptions of its organizational structure and the Cross Fire and Half Moon services. The Peyote Road updates Omer Stewart’s classic 1987 study of the Peyote religion by taking into consideration recent events and scholarship. In particular, Maroukis discusses not only the church’s current legal issues but also the diminishing Peyote supply and controversies surrounding the definition of membership. Today approximately 300,000 American Indians are members of the Native American Church. The Peyote Road marks a significant case study of First Amendment rights and deepens our understanding of the struggles of NAC members to practice their faith.
Author: Huston Smith
Publisher: Univ of California Press
ISBN: 0520251695
Category : History
Languages : en
Pages : 254
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Book Description
"A Seat At The Table is a valuable and insightful book about a too long overlooked topic - the right of Native American people to have their sacred sites and practices honored and protected. Let's hope it gets read far and wide, enough to bring about a real shift in policy and consciousness.”—Bonnie Raitt "Phil Cousineau has created a fine companion book to accompany the important film he and Gary Rhine have made in defense of the religious traditions of Native Americans. [Native Americans] are recognized the world over as keepers of a vital piece of the Creator's original orders, and yet they are regarded as little more than squatters at home. This book features impressive interviews, beautiful illustrations, and gives a voice to the voiceless.”—Peter Coyote
Author: Garrett Epps
Publisher: Macmillan
ISBN: 9780312262396
Category : Law
Languages : en
Pages : 10
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Book Description
Describes the "peyote case," in which Klamath Indian Al Smith, an alcohol and drug abuse counselor, was fired for distributing peyote as part of a Native American religious ritual, and examines the constitutional issues the case raised.
Author: C.S. Adcock
Publisher: Oxford University Press, USA
ISBN: 0199995443
Category : History
Languages : en
Pages : 253
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Book Description
This book provides a critical history of the distinctive tradition of Indian secularism known as Tolerance. Examining debates surrounding the activities of the Arya Samaj - a Hindu reform organization regarded as the exemplar of intolerance - it finds that Tolerance functioned to disengage Indian secularism from the politics of caste.
Author: Benjamin E. Park
Publisher: John Wiley & Sons
ISBN: 1119583667
Category : History
Languages : en
Pages : 400
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Book Description
A collection of original essays exploring the history of the various American religious traditions and the meaning of their many expressions The Blackwell Companion to American Religious History explores the key events, significant themes, and important movements in various religious traditions throughout the nation’s history from pre-colonization to the present day. Original essays written by leading scholars and new voices in the field discuss how religion in America has transformed over the years, explore its many expressions and meanings, and consider religion’s central role in American life. Emphasizing the integration of religion into broader cultural and historical themes, this wide-ranging volume explores the operation of religion in eras of historical change, the diversity of religious experiences, and religion’s intersections with American cultural, political, social, racial, gender, and intellectual history. Each chronologically-organized chapter focuses on a specific period or event, such as the interactions between Moravian and Indigenous communities, the origins of African-American religious institutions, Mormon settlement in Utah, social reform movements during the twentieth century, the growth of ethnic religious communities, and the rise of the Religious Right. An innovative historical genealogy of American religious traditions, the Companion: Highlights broader historical themes using clear and compelling narrative Helps teachers expose their students to the significance and variety of America's religious past Explains new and revisionist interpretations of American religious history Surveys current and emerging historiographical trends Traces historical themes to contemporary issues surrounding civil rights and social justice movements, modern capitalism, and debates over religious liberties Making the lessons of American religious history relevant to a broad range of readers, The Blackwell Companion to American Religious History is the perfect book for advanced undergraduate and graduate students in American history courses, and a valuable resource for graduate students and scholars wanting to keep pace with current historiographical trends and recent developments in the field.
