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Freedom of religion. For 200 years this expression was an oxymoron to American Indians.

Ratified on December 15, 1791, the amendment reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...”

To the people of the Indian nations, the amendment itself became the epitome of hypocrisy in America.

An editorial in the Brookings (S.D.) Register reads, “Granted, the concepts of freedom of and from religion have not worked perfectly in this country; but we have been spared the religious wars that have plagued other nations throughout history. Unfortunately, however, we have not been spared overt and covert religious persecution here in America. Our nation was more than 180 years old before we were religiously tolerant enough to put a Catholic in the White House in 1960.”

Try 202 years. It was not until August 11, 1978, that Congress passed the American Indian Freedom of Religion Act.

The Act was passed as Public Law 95-341 during the 95th Congress. American Indians, led by the National Congress of American Indians, a lobby organization founded in 1944, based in Washington, D. C., had presented many resolutions over the years to no avail. Though thwarted time and again, the members of NCAI refused to give up the fight.

For the most part, the religious practices of American Indians had been condemned by the federal government. The sacred Sundance of the Lakota had been banned. Wicasa Wakan (Holy Men) were often arrested and incarcerated for “inciting violence” when they attempted to practice certain spiritual rites of their people.

When a new spiritual practice introduced by a Paiute Holy Man named Wovoka spread across the Western United States in the late 1800s, its passion created such a fear amongst the white settlers that it eventually led to the slaughter of the innocents at Wounded Knee on December 29, 1890. The religion was known as “The Ghost Dance.” The United States government brought it to a bitter end at Wounded Knee.

Most students can quote verbatim the Constitution of the United States and the Bill of Rights. Here now is the Joint Resolution American Indian Religious Freedom Act:

“Whereas the freedom of religion for all people is an inherent right, fundamental to the democratic structure of the United States and is guaranteed by the First Amendment of the United States Constitution;

“Whereas the United States has traditionally rejected the concept of a government denying individuals the right to practice their religion and, as a result has benefited from a rich variety of religious heritages in this country’

“Whereas the religious practices of the American Indian (as well as Native Alaskan and Hawaiian) are an integral part of their culture, tradition and heritage, such practices forming the basis of Indian identity and value systems;

“Whereas the traditional American Indian religions, as an integral part of Indian life, are indispensable and irreplaceable;

“Whereas the lack of a clear, comprehensive, and consistent Federal policy has often resulted in the abridgement of religious freedom for traditional American Indians;

“Whereas such religious infringements result from the lack of knowledge of the insensitive and inflexible enforcement of Federal policies and regulations premised on a variety of laws;

“Whereas such laws were designed for such worthwhile purposes as conservation and preservation of natural species and resources but never intended to relate to Indian religious practices and, therefore, were passed without consideration of their effect on traditional American Indian religions;

“Whereas such laws and policies often deny American Indians access to sacred sites required in their religions, including cemeteries;

“Whereas such laws at times prohibit the use and possession of sacred objects necessary to the exercise of religious rites and ceremonies;

“Whereas traditional American Indian ceremonies have been intruded upon, interfered with, and in a few instances banned;

“Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That henceforth it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.

“SEC. 2. The President shall direct the various Federal departments, agencies, and other instrumentalities responsible for administering relevant laws to evaluate their policies and procedures in consultation with Native traditional religious leaders in order to determine appropriate changes necessary to protect and preserve Native American religious cultural rights and practices. Twelve months after approval of this resolution, the President shall report back to Congress the results of his evaluation, including any changes which were made in administrative policies and procedures, and any recommendations he may have for legislative action.

“Approved August 11, 1978.”

There have been many challenges to this act since 1978. The use of eagle feather, peyote, sacred sites (Devil’s Tower), and of American Indian prayers in schools have all been either challenged or scrutinized. The Act was a major step to protect the spiritual beliefs and practices of all American Indians.

Just as most Americans are familiar with other Acts to protect their Freedom of Religion, I hope you read this Act and know that many American Indians fought long and hard to see it to fruition. It took more than 200 years.

Tim Giago is an Oglala Lakota from the Pine Ridge Reservation
in South Dakota, editor of Lakota Journal, and a columnist.
Contact Mr. Giago: P.O. Box 3080, Rapid City, S.D. 57709-30
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