Will NAFERA work?

Wakinyan Chikala (wakinyan@carina.unm.edu)
Wed, 2 Feb 1994 15:12:25 -0700

Since the language in AIRFA has proven to be inadequate in providing
the necessary framework for the courts to use in interpreting the
validity of Native American First Amendment rights violation claims, in
relation to sacred sites located on federal land, do we believe NAFERA to
be any better? Title 5 appears to allow the same "loopholes" in judging
the amount of burden to the religion versus supposed overriding compelling
state interest. How will the courts' interpretation change if the REAL
problems of religio-cenrticity and lack of true equal constitutional
protection for Indian people are not addressed? If NAFERA does not help,
what then? Do I hear gunfire in the forests?

Hi ye,

Wakinyan
(Wakinyan@carina.unm.edu)