American Indian Religious Freedom Act of 1978

E75285

The American Indian Religious Freedom Act of 1978 is a U.S. federal law that recognizes and protects the rights of Native Americans to practice their traditional religions, including access to sacred sites, use of sacred objects, and freedom to worship.


Statements (49)
Predicate Object
instanceOf United States federal law
human rights legislation
religious freedom law
1994AmendmentsFocus use, possession, and transportation of peyote for traditional Native American religious ceremonies
abbreviation AIRFA
acknowledges importance of Native American sacred sites, sacred objects, and ceremonial practices
affects management of federal lands containing Native American sacred sites
amendedBy American Indian Religious Freedom Act Amendments of 1994
appliesTo Alaska Natives
American Indians
Native American tribes
Native Hawaiians
category Freedom of religion in the United States
United States federal Indian law and policy
United States federal civil rights legislation
codifiedAt 42 U.S.C. § 1996
codifiedIn United States Code
country United States of America
dateEnacted 1978-08-11
enactedBy United States Congress
jurisdiction federal government of the United States
languageOfDocument English
legalEffect establishes federal policy to protect Native American religious practices
legislativeBody 95th United States Congress
limitations does not create a cause of action for damages or injunctive relief by itself
policyStatement it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise their traditional religions
protectsRight access to sacred sites
freedom to believe, express, and exercise traditional religions of Native Americans
freedom to worship through ceremonial and traditional rites
use and possession of sacred objects
publicLawNumber Public Law 95-341
purpose to protect and preserve the traditional religious rights and cultural practices of American Indians, Eskimos, Aleuts, and Native Hawaiians
recognizes inherent right of Native Americans to practice their traditional religions
relatedTo First Amendment to the United States Constitution
Native American Graves Protection and Repatriation Act
Religious Freedom Restoration Act
requires federal agencies to evaluate their policies and procedures in consultation with Native traditional religious leaders
federal agencies to protect and preserve Native Americans' inherent right of freedom to believe, express, and exercise their traditional religions
scope federal government actions and policies affecting Native American religious practices
shortName American Indian Religious Freedom Act
signedBy Jimmy Carter
signingPresident Jimmy Carter
sponsoredBy Morris K. Udall
statutesAtLargeCitation 92 Stat. 469
subjectMatter Native American religions
cultural rights
religious freedom
typeOfProtection policy directive rather than explicit judicial enforcement mechanism
yearEnacted 1978


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