As Court Prepares to Rule on Sacred Apache Site, Religious Freedom Faces an American Right Prized Above All Others
…olowa relied on the free exercise clause of the First Amendment and on the American Indian Religious Freedom Act, a law that requires only consultation with Indigenous peoples before destroying their sacred sites, not consent. But in 1993 the Religious Freedom Restoration Act was enacted to bypass the Lyng precedent and offer better protection to religious minorities, a law the Apache rely on in their claim against the destruction of Oak Flat. Mor…
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