Reading Room Document

Constitutional concerns raised by American Indian Religious Freedom Act

This document is a memorandum from the Department of Justice regarding the "American Indian Religious Freedom Act of 1993." The conclusion reached in the document is that certain aspects of the draft Senate bill raise constitutional concerns under the Establishment Clause of the First Amendment. The document presents questions for review, including whether the unique relationship between the federal government and Indian tribes justifies an exception to the normal application of the Establishment Clause, and whether the bill's provisions extend to individuals who are not members of federally recognized tribes. Additionally, the document raises questions about the authorization of special treatment for Native American religious activities and the imposition of penalties on the defacing of Native American religious sites.

February 19, 1993