Oral Arrangement of Lyng v. Northwest Indian Cemetery Protective Association

Oral Arrangement of Lyng v. Northwest Indian Cemetery Protective Association

Facts of the case
The United States Forest Service was considering building a paved roadway that would cut through the Chimney Rock area of the Six Rivers National Forest. It was also considering timber harvesting in the area. A study commissioned by the Forest Service reported that harvesting the Chimney Rock area would irreparably damage grounds that had historically been used by Native Americans to conduct religious rituals. After the Forest Service decided to construct a road, the Northwest Indian Cemetery Protective Association took action against Secretary of Agriculture Richard Lyng.

Oyez.org
Legal Information Institute at Cornell Law School, Justia, Chicago-Kent College of Law

Humboldt State Special Collections

11/30/1987

English

56.14 Minutes

Question
"Did the First Amendment's Free Exercise Clause prohibit the government from harvesting or developing the Chimney Rock area?"

"In a 5-to-3 decision, the Court held that the Forest Service was free to harvest the lands. Though the government's actions would have severe adverse effects on the Indians' practice oftheir religion, those effects were only incidental and did not constitute an attempt to coerce Native Americans to act in violation of their beliefs. The Court reasoned that government could not operate "if it were required to satisfy every citizen's religious needs and desires," and that the First Amendment did not give any one group veto power over public programs that did not actually prohibit the free exercise of religion." Oyez

https://www.oyez.org/cases/1987/86-1013