What is the American Indian Religious Freedom Act?
The American Indian Religious Freedom Act, also known as AIRFA, is a law passed by Congress in 1978 which is intended to protect the religious practices of Native Americans. This law guarantees the right of Native Americans to practice traditional religious ceremonies, including the use of sacred sites, and to access items necessary for such religious ceremonies, such as eagle feathers. The law does not, however, grant any new rights to Native Americans beyond those which are already protected by the United States Constitution, such as the right to freedom of religion. In South Carolina, AIRFA applies to all federally recognized tribes, such as the Catawba and the Eastern Band of Cherokee Indians. It also applies to all Native American religions, such as Christianity, traditional Native American rituals, and other spiritual or ceremonial practices. AirFA also requires federal government agencies and departments to consider the impact of their actions on Native American religious practices and to take steps to protect those practices. For example, in South Carolina, a federal agency must take into account whether or not a project or activity might disrupt sacred sites or interfere with religious ceremonies in making decisions about granting permits or other approvals. Finally, AIRFA also allows tribes to initiate legal action against the government to protect their religious practices. This means that if a law or policy threatens their religious practices, Native American tribes are entitled to have their case heard in court. In addition, Native American groups can also take legal action against other private parties that are infringing on their religious practices.
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