U.S. Government Burdens on the Exercise of Traditional Religions: Two Cases Provide Conflicting Interpretations

Abstract

Two court decisions highlight divergent opinions as to what constitutes a “substantial burden” on the practice of traditional indigenous religions in the United States. One decision, in the 9th Circuit Court of Appeals, effectively defines the term in such a way as to discriminate against indigenous religious practices; the other, by a district court in the 10th Circuit based on other holdings by that circuit court, gives much more latitude for protecting such practices and the landscapes they often involve.