Lyng v. Northwest Indian CPA

Media Items
Lyng v. Northwest Indian CPA - Oral Argument
Get Adobe Flash Player
Lyng v. Northwest Indian CPA - Opinion Announcement
Get Adobe Flash Player
Advocates
Marilyn B. Miles (Argued the cause for the respondents)
Andrew J. Pincus (Argued the cause for the petitioners)
Case Basics
Docket No.: 
86-1013
Petitioner: 
Lyng
Respondent: 
Northwest Indian CPA
Opinion: 
485 U.S. 439 (1988)
Categories: 
native americans, freedom of religion, first amendment
Location No location information present.

Cite this page
The Oyez Project, Lyng v. Northwest Indian CPA , 485 U.S. 439 (1988)
available at: (http://oyez.org/cases/1980-1989/1987/1987_86_1013)
Facts of the Case: 

The United States Forest Service was considering building a paved roadway that would cut through the Chimney Rock area of the Six Rivers National Forest. It was also considering timber harvesting in the area. A study commissioned by the Forest Service reported that harvesting the Chimney Rock area would irreparably damage grounds that had historically been used by Native Americans to conduct religious rituals. After the Forest Service decided to construct a road, the Northwest Indian Cemetery Protective Association took action against Secretary of Agriculture Richard Lyng.

Question: 

Did the First Amendment's Free Exercise Clause prohibit the government from harvesting or developing the Chimney Rock area?

Conclusion: 

No. In a 5-to-3 decision, the Court held that the Forest Service was free to harvest the lands. Though the government's actions would have severe adverse effects on the Indians' practice oftheir religion, those effects were only incidental and did not constitute an attempt to coerce Native Americans to act in violation of their beliefs. The Court reasoned that government could not operate "if it were required to satisfy every citizen's religious needs and desires," and that the First Amendment did not give any one group veto power over public programs that did not actually prohibit the free exercise of religion.

Decisions

Decision: 5 votes for Lyng, 3 vote(s) against
Legal provision: Free Exercise of Religion

Sort by Ideology

Voted with the majority
Rehnquist
Wrote a dissent
Brennan
Voted with the majority
White
Voted with the minority, joined Brennan's dissent
Marshall
Voted with the minority, joined Brennan's dissent
Blackmun
Voted with the majority
Stevens
Wrote the majority opinion
O'Connor
Voted with the majority
Scalia
Did not participate
Kennedy

Full Opinion by Justice Sandra Day O'Connor

Timeplots Affiliate

Timeplots.com: A Visual History of the Supreme Court