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Cases by Topic Group
Native American Religious Liberty, Sorted by Year, Click here to sort by Case Name.

Case Name YearDecision of the CourtTopic Group(s)   
United States v. Dion, 476 U.S. 7341986Native American could be convicted under Endangered Species Act for selling parts of Bald Eagle notwithstanding that earlier treaty reserved right to hunt and that taking of bird feathers was for religious purposes. Native American Religious Liberty


 
Lyng v. Northwest Indian Cemetery Protective Ass'n, 485 U.S. 4391988Constitution does not forbid construction of road through portion of national forest traditionally used for religious purposes by members of three Indian tribes. Native American Religious Liberty


 
Employment Div. v. Smith, 494 U.S. 8721990Upheld denial of compensation where workers were fired after using peyote for sacramental purposes; Sherbert v. Verner, 374 U.S. 398 (1963), compelling interest test rejected. Native American Religious Liberty

Unemployment Compensation


Except for those entries preceded by an asterisk, Professor Carl H. Esbeck, Isabelle Wade and Paul C. Lyda Professor of Law, University of Missouri-Columbia prepared and copyrighted the text under the column entitled "Decision of the Court." L. Martin Nussbaum, co-chair of the Rothgerber Johnson & Lyons Religious Institutions Group prepared the text under the column entitled "Decision of the Court" which is preceded by an asterisk. The Rothgerber Johnson & Lyons LLP Religious Institutions Group gratefully acknowledges Professor Esbeck's permission to reprint the text which he prepared.

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