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Constitutional Law Keyed to Choper
Lyng v. Northwest Indian Cemetery Protective Association
Citation:
485 U.S. 439 (1988)Facts
The Forest Service sought to complete a 75-mile road connecting two California towns by building a six-mile segment through the Chimney Rock section of Six Rivers National Forest. This area had been used for centuries by Yurok, Karok, and Tolowa Indians for religious rituals. A commissioned study found that the entire area was integral to Native American religious practices, which required privacy, silence, and an undisturbed natural setting. The study concluded that road construction would cause serious damage to sacred areas necessary to their belief systems. Despite this, the Forest Service decided to proceed with the road construction and timber harvesting, selecting a route they believed minimized impact on specific religious sites. The Native American respondents claimed these actions would destroy their ability to practice their religion, as their practices were site-specific and inextricably tied to the unique features of the high country. After the District Court and Court of Appeals ruled in favor of the Native Americans, the case reached the Supreme Court.
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