THE SIGNIFICANCE OF THE AMERICAN INDIAN RELIGIOUS FREEDOM ACT OF 1978

Abstract

The American Indian Religious Freedom Act (AIRFA; full text appended) was signed into law on August 11, 1978, by President Jimmy Carter. This unusual and important Congressional resolution did not attract much attention at that time, nor has it since. This is surprising, because the Act and the literature and litigation generated by it contain much of significance not only for Indians, but also for a larger public, and for scholars in the field of religion. Yet it seems to have been ignored by us. The free exercise of religion is a cardinal right of all Americans. Any abridgement of that right is a threat to the common well-being, and any advancement of religious freedom enhances that well-being. Native American free exercise has been consistently curbed in the past, and, although AIRFA's full significance is yet to be realized, it does represent an advancement of Native American religious freedom. We who study religion have a special interest in its exercise and in accurate descriptions and interpretations of that exercise. Literature and litigation generated in connection with AIRFA clearly reveal how important such descriptions and interpretations are. Native American religions cannot be easily understood within the framework of common Western notions of religion and its role in society. Nevertheless, such common notions generally inform public dealings with Native American religions, as seen most evidently in the attitudes of public officials and in court decisions. In stating a clear public policy regarding the free exercise of Native American religions Congress sought directly to improve public practice. However, to achieve that improvement, accurate descriptions and interpretations are needed to inform public deliberations. The significance of AIRFA can only be understood in the context of the unique relationship between the U. S. Government and Native Americans. At first blush the Act appears to be unusual and possibly even an anomaly. In declaring that henceforth it shall be the policy of