Ensuring the Full Freedom of Religion on Public Lands: Devils Tower and the Protection of Indian Sacred Sites

Abstract

Federal land management agencies historically have disregarded American Indian cries for protection of sacred sites on public lands, and the federal judiciary consistently has supported such action according to a formalistic interpretation of the Religion Clauses of the First Amendment. This Note takes issue with the pattern of religious oppression in the context of public land management by positing a more inclusive, “full,” conception of religious freedom under the First Amendment. This Note then analyzes the recent controversy at Devils Tower National Monument as an important opportunity to break the trend and embrace Indian religious freedoms around sacred sites on public lands.