Religion as Spirituality

2020 ◽  
pp. 94-126
Author(s):  
Michael D. McNally

This chapter examines the failure in the courts of Native appeals to religious freedom protections for sacred lands, and it extends the previous chapter's analysis of the reception of Native claims to religion as religion. Where a religious claim conforms to the subjective, interior spirituality that has become naturalized in the United States, it has worked reasonably well in the courts. This is emphatically not the case where claims involve religious relationships with, uses of, and obligations to, land. The chapter explains how courts reason their way out of taking steps to protect Native American religious freedom when sacred places are threatened, a puzzling matter in that courts consistently acknowledge the sincerity of the religious beliefs and practices associated with those sacred places. Along the way the chapter develops a fuller sense of the workings of the discourse of Native American spirituality as it comes to control judicial comprehension of Native religious freedom claims.

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.


Author(s):  
Roxanne T. Ornelas

This research paper is a review of ten years of sacred lands management and policy in the United States. The author reports from the unique position of having been involved in national and international meetings with communities of indigenous peoples and intergovernmental stakeholders during this time. Discussion includes an historical overview of such topics as environmental justice and the 2001 Native American Sacred Lands Forum, one of the first national meetings in the United States to specifically address the sacred lands of Native Americans. Further discussion draws attention to the adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007 as a gateway to better sacred lands management and policy for Native Americans in the future.


2018 ◽  
Vol 30 (1) ◽  
pp. 56-70
Author(s):  
Charles McCrary

AbstractThis article employs the trinary framework to interrogate American religious freedom and religious actors’ interaction with theusstate. It focuses on issues of governance and the classification and management of state subjects and their activities, showing how these lived effects are entwined with more “academic” or intellectual concerns about the categories religion and superstition. The article uses “superstition” in two ways. First, it is a term many Americans, from jurists to popular writers to academics, have used to describe human activities, often with racial assumptions and implications built into the framework. Second, scholars today might use the term, as part of the trinary, as an analytical device. The argument is that because the United States guarantees religious freedom, the state (or, more specifically, a particular state agent) must classify beliefs and practices as religious. This leaves a third category of activities that are clearly not secular but are also not religious, because they are not protected. Thus, we might call this third category “superstition” or “the superstitious.” The article tests this framework with two brief case studies drawn from the early and late twentieth century, respectively.


2020 ◽  
Author(s):  
Francesco Rigoli

Research has shown that stress impacts on people’s religious beliefs. However, several aspects of this effect remain poorly understood, for example regarding the role of prior religiosity and stress-induced anxiety. This paper explores these aspects in the context of the recent coronavirus emergency. The latter has impacted dramatically on many people’s well-being; hence it can be considered a highly stressful event. Through online questionnaires administered to UK and USA citizens professing either Christian faith or no religion, this paper examines the impact of the coronavirus crisis upon common people’s religious beliefs. We found that, following the coronavirus emergency, strong believers reported higher confidence in their religious beliefs while non-believers reported increased scepticism towards religion. Moreover, for strong believers, higher anxiety elicited by the coronavirus threat was associated with increased strengthening of religious beliefs. Conversely, for non-believers, higher anxiety elicited by the coronavirus thereat was associated with increased scepticism towards religious beliefs. These observations are consistent with the notion that stress-induced anxiety enhances support for the ideology already embraced before a stressful event occurs. This study sheds light on the psychological and cultural implications of the coronavirus crisis, which represents one of the most serious health emergencies in recent times.


Laws ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 12
Author(s):  
Paul Baumgardner

When coronavirus began to descend upon the United States, religious freedom advocates across the country sounded the alarm that citizens’ religious practices and institutions were under threat. Although some of the most extreme arguments championed by these advocates were not validated by our legal system, many were. This article explores the underappreciated gains made by religious freedom advocates before the U.S. Supreme Court over the past year. As a result of the “Pandemic Court”, religious freedom in the United States has been rewritten. This promises to radically change the educational, employment, and health prospects of millions of Americans for the rest of the pandemic and long afterwards.


2005 ◽  
Vol 8 (36) ◽  
pp. 67-73
Author(s):  
Scot M Peterson

The penitentiary in the United States of America originated as a religious institution. Its roots lie in the belief that inmates could reform if they were given an opportunity to engage in reflection, prayer, Bible-reading and work, thus establishing a new personal foundation for functioning as productive members of the larger society. Not surprisingly, given American's predilection for maintaining a secular civil society, this original foundation for the prison eventually fell from favour, and American penological theories became more sociological or psychological in nature. The fact remains, however, that society in the United States is broadly religious, and prisons continue to address the religious beliefs of inmates and how to accommodate those beliefs in a penological setting. This comment provides a case study on this topic, based on littigation concerning the provision of kosher food to Orthodox inmates in the prisons in Colorado.


2021 ◽  
pp. 1-37
Author(s):  
Úrsula A. Aragunde-Kohl ◽  
Yahaira Segarra-González ◽  
Liza M. Meléndez-Samó ◽  
Ivemarie Hernández-Rivera ◽  
Carolina Quiles-Peña

Abstract The purpose of this research was to better understand the beliefs and practices that the residents of Puerto Rico have regarding cockfighting, including their perception of the recently passed prohibition against nonhuman animal fighting on the island. It had an exploratory descriptive design consisting of three phases, where the qualitative data obtained from phase one would guide the process of identifying variables that could be measured. In the second phase, an instrument was developed, and in the third, it was administered. Most of the participants agreed with the prohibition of cockfighting in Puerto Rico and that it was necessary. The data showed that there is a disconnect between what the federal government of the United States legislated, what the local government and agencies that were supposed to enforce the prohibition did with the legislation, and what the people directly affected by the legislation received for education and guidance.


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