Introduction to the Book Review Symposium on Michael Mcnally's Defend the Sacred - Defend the Sacred: Native American Religious Freedom beyond the First Amendment By Michael D. McNally. Princeton: Princeton University Press, 2020. Pp. 400. $99.95 (cloth); $26.95 (paper); $26.95 (digital). ISBN: 9780691190891.

2021 ◽  
pp. 1-3
Author(s):  
Dana Lloyd
2020 ◽  
pp. 171-195
Author(s):  
Michael D. McNally

This chapter considers efforts to legislate Native American religious freedom in the American Indian Religious Freedom Act (AIRFA, 1978). Where courts and even common sense have seen AIRFA as a religious freedom statute—as an extension of the legal protections of the First Amendment into the distinctive terrain of Native American traditions—the chapter suggests a different view. If the legal force of “religious freedom” discourse has been only dimly effective for Native sacred claims in courts, this chapter is the one that most pointedly shows how Native peoples drew on the rhetorical power of the sacred and religious freedom to win significant legislative protections specific to Native peoples. It does so through interviews with Suzan Shown Harjo. These interviews show how the remarkable legislative accomplishment of AIRFA and, later, the Native American Graves Protection and Repatriation Act (1990), carry the rhetorical force of religious freedom into the legal shape of federal Indian law, with its recognition of treaty-based collective rights and the United States' nation-to-nation relationship with Native peoples.


2020 ◽  
pp. 295-306
Author(s):  
Michael D. McNally

This concluding chapter gives a nod in the direction of successful negotiated settlements and other agreements that grab fewer headlines and leave fewer public traces because they can avoid the courts altogether and proceed in the context of the nation-to-nation relationship. For an example, it turns to the newly created and recently embattled Bears Ears National Monument, a collaboratively managed preserve of sacred lands, cultural landscapes, and traditional knowledge in southern Utah. Since the quiet goal for most Native people is to protect what is sacred to them without calling attention to themselves, the best outcomes for Native American religious freedom are so far beyond the First Amendment and its legal counterparts, they can remain entirely off line. Here, the story of Bears Ears is less the story of the Obama administration than it is the story of decades of activism and the concerted strategic efforts of a consortium of Native nations. When President Barack Obama designated 1.35 million acres of southeast Utah lands as Bears Ears National Monument, he authorized a new experiment in cooperation, even collaboration, between the United States and Native nations in safeguarding sacred lands.


Sign in / Sign up

Export Citation Format

Share Document