The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, November 30, 1987
Decision: Tuesday, April 19, 1988
Issues: First Amendment, Free Exercise of Religion
Categories: first amendment, freedom of religion, native americans

Advocates

Marilyn B. Miles (Argued the cause for the respondents)
Andrew J. Pincus (Argued the cause for the petitioners)

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.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 5 votes for Lyng, 3 vote(s) against
Legal Provision: Free Exercise of Religion
Did not participate
Kennedy
Voted with the minority, joined Brennan's dissent
Marshall
Wrote a dissent
Brennan
Voted with the minority, joined Brennan's dissent
Blackmun
Voted with the majority
Stevens
Voted with the majority
White
Wrote the majority opinion
O'Connor
Voted with the majority
Scalia
Voted with the majority
Rehnquist
Full Opinion by Justice Sandra Day O'Connor

Cite this page

The Oyez Project, Lyng v. Northwest Indian CPA, 485 U.S. 439 (1988),
available at: <http://www.oyez.org/cases/1980-1989/1987/1987_86_1013/>
(last visited ).