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A Critique of the Court's Free Exercise Clause Jurisprudence in the U.S. Supreme Court Case of Employment Division v. Smith

Catharine Cookson

in Regulating Religion: The Courts and the Free Exercise Clause

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195129441
eISBN:
9780199834105
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019512944X.003.0007
Subject:
Religion, Religion and Society

The 1990 case of Employment Division v. Smith was decided against the defendants, but when analyzed using casuistry it is found to be an easy case for upholding their free exercise right. The state ... More


Regulating Religion: The Courts and the Free Exercise Clause

Catharine Cookson

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195129441
eISBN:
9780199834105
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/019512944X.001.0001
Subject:
Religion, Religion and Society

Religious free exercise conflicts occur when religiously compelled behavior (whether action or inaction) appears to violate a law that contraindicates or even criminalizes such behavior. Fearful of ... More


Making Religion on the Reservation: Native Americans and the Settler Secular

Tisa Wenger

in Religious Freedom: The Contested History of an American Ideal

Published in print:
2017
Published Online:
January 2018
ISBN:
9781469634623
eISBN:
9781469634647
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469634623.003.0004
Subject:
Religion, Religious Studies

This chapter explores the dilemmas of religious freedom for a very different colonized population: the indigenous people whose dispossession marked the very foundation of the United States as a ... More


1964: Bona Fide

Alexander S. Dawson

in Peyote Effect: From the Inquisition to the War on Drugs

Published in print:
2018
Published Online:
January 2019
ISBN:
9780520285422
eISBN:
9780520960909
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520285422.003.0010
Subject:
History, Latin American History

As the United States moved toward a ban on peyote during the 1960s, the courts were forced to confront the First Amendment claims of Native American peyotists. This chapter explores the deployment of ... More


Circulating Silver: Peyote Jewelry and the Making of Region

Jenny Tone-Pah-Hote

in Crafting an Indigenous Nation: Kiowa Expressive Culture in the Progressive Era

Published in print:
2019
Published Online:
September 2019
ISBN:
9781469643663
eISBN:
9781469643687
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469643663.003.0003
Subject:
History, American History: 19th Century

Silversmiths made objects that were beautiful and that could render important symbols of the Native American Church. They communicated ideas and images that served as public representations of this ... More


1918: The Native American Church

Alexander S. Dawson

in Peyote Effect: From the Inquisition to the War on Drugs

Published in print:
2018
Published Online:
January 2019
ISBN:
9780520285422
eISBN:
9780520960909
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520285422.003.0006
Subject:
History, Latin American History

Chastened by how close a national ban of peyote came to passing in early 1918, the following October a group of Native American peyotists gathered in El Reno, Oklahoma, in order to found the Native ... More


1937: The Goshute Letter

Alexander S. Dawson

in Peyote Effect: From the Inquisition to the War on Drugs

Published in print:
2018
Published Online:
January 2019
ISBN:
9780520285422
eISBN:
9780520960909
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520285422.003.0007
Subject:
History, Latin American History

Histories of peyotism in the United States tend to treat it as deeply rooted and universally embraced in indigenous communities. This chapter reminds us that this was not always the case. During its ... More


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