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Defend the Sacred - Native American Religious Freedom beyond the First Amendment (Paperback)
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Defend the Sacred - Native American Religious Freedom beyond the First Amendment (Paperback)
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The remarkable story of the innovative legal strategies Native
Americans have used to protect their religious rights From North
Dakota's Standing Rock encampments to Arizona's San Francisco
Peaks, Native Americans have repeatedly asserted legal rights to
religious freedom to protect their sacred places, practices,
objects, knowledge, and ancestral remains. But these claims have
met with little success in court because Native American communal
traditions don't fit easily into modern Western definitions of
religion. In Defend the Sacred, Michael McNally explores how, in
response to this situation, Native peoples have creatively turned
to other legal means to safeguard what matters to them. To
articulate their claims, Native peoples have resourcefully used the
languages of cultural resources under environmental and historic
preservation law; of sovereignty under treaty-based federal Indian
law; and, increasingly, of Indigenous rights under international
human rights law. Along the way, Native nations still draw on the
rhetorical power of religious freedom to gain legislative and
regulatory successes beyond the First Amendment. The story of
Native American advocates and their struggle to protect their
liberties, Defend the Sacred casts new light on discussions of
religious freedom, cultural resource management, and the vitality
of Indigenous religions today.
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