Abstract
Typically, controversies about the scope of the religion clauses of the first amendment1 have fallen into one of two categories. Either plaintiffs have claimed that compliance with a law requires them to violate a tenet of their religion, or claimants have alleged that they will be denied government benefits unless they modify their religious practice. Recently, however, a third category of religion cases has emerged. Those cases involve governmental use of property in ways. that effectively make Indian religious use of the land impossible. Access to specific sites is of such importance to Indian worship that Indians have claimed that denial of access violates their first amendment right to free exercise of religion. So far, all of those cases have been decided in favor of the government. In deciding the Indian cases, the courts have used the traditional religion tests, but have varied the application of those tests from their application in previous religion cases." This note examines the appropriateness of and reasons for varying those tests.
Recommended Citation
Andreason, Cynthia Thorley
(1984)
"Indian Worship v. Government Development:
A New Breed of Religion Cases,"
Utah Law Review: Vol. 1984:
No.
2, Article 3.
Available at:
https://dc.law.utah.edu/ulr/vol1984/iss2/3