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U.S. Government Burdens on the Exercise of Traditional Religions: Two Cases Provide Conflicting Interpretations

Published online by Cambridge University Press:  15 December 2011

Thomas F. King
Affiliation:
Independent Consultant. Email: tfking106@aol.com

Abstract

Two court decisions highlight divergent opinions as to what constitutes a “substantial burden” on the practice of traditional indigenous religions in the United States. One decision, in the 9th Circuit Court of Appeals, effectively defines the term in such a way as to discriminate against indigenous religious practices; the other, by a district court in the 10th Circuit based on other holdings by that circuit court, gives much more latitude for protecting such practices and the landscapes they often involve.

Type
Case Note
Copyright
Copyright © International Cultural Property Society 2011

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References

King, Thomas F., 2010. What Burdens Religion? Musings on Two Recent Cases Interpreting the Religious Freedom Restoration Act. Great Plains Natural Resources Journal 13:111, University of South Dakota, Vermillion, South Dakota.Google Scholar