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06201aam a22004698i 4500 001 EA3D6C60B05F11EA86A2D96D97128E48 003 SILO 005 20200617010021 008 200116t20202020njuab b 001 0 eng 010 $a 2019052510 020 $a 0691190909 020 $a 9780691190907 020 $a 0691190895 020 $a 9780691190891 035 $a (OCoLC)1119532470 040 $a AzTeS/DLC $b eng $e rda $c DLC $d OCLCF $d OCLCO $d SILO 042 $a pcc 043 $a n-us--- 050 00 $a KF8407 $b .M37 2020 084 $a SOC062000 $2 bisacsh 100 1 $a McNally, Michael David, $e author. 245 10 $a Defend the sacred : $b Native American religious freedom beyond the First Amendment / $c Michael D. McNally. 263 $a 2004 264 1 $a Princeton, New Jersey : $b Princeton University Press, $c [2020] 300 $a pages cm 504 $a Includes bibliographical references and index. 505 0 $a Introduction -- Religion as Weapon : The Civilization Regulations, 1883- -- Religion as Spirituality : Native Religions in Prison -- Religion as Spirituality : Sacred Lands -- Religion as Cultural Resource : Environmental and Historic Preservation Law -- Religion as Collective Right : Legislating toward Native American Religious Freedom -- Religion as Collective Right : Repatriation and Access to Eagle Feathers -- Religion as Peoplehood : Sovereignty and Treaties in Federal Indian Law -- Religion as Peoplehood : Indigenous Rights in International Law -- Conclusion. 520 $a "In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"-- $c Provided by publisher. 520 $a "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"-- $c Provided by publisher. 650 0 $a Indians of North America $x Legal status, laws, etc. 650 0 $a Freedom of religion $z United States. 650 0 $a Indians of North America $x Religion. 650 7 $a SOCIAL SCIENCE / Indigenous Studies. $2 bisacsh 650 7 $a Freedom of religion. $2 fast $0 (OCoLC)fst00934030 650 7 $a Indians of North America $x Legal status, laws, etc. $2 fast $0 (OCoLC)fst00969825 650 7 $a Indians of North America $x Religion. $2 fast $0 (OCoLC)fst00969889 651 7 $a United States. $2 fast $0 (OCoLC)fst01204155 776 08 $i Online version: $a McNally, Michael David $t Defend the sacred $d Princeton : Princeton University Press, 2020. $z 9780691201511 $w (DLC) 2019052511 941 $a 2 952 $l GLAX641 $d 20231201010708.0 952 $l OVUX522 $d 20210721013645.0 956 $a http://locator.silo.lib.ia.us/search.cgi?index_0=id&term_0=EA3D6C60B05F11EA86A2D96D97128E48Initiate Another SILO Locator Search