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Sacred Standards: Honoring the Establishment Clause in Protecting Native American Sacred Sites

Abstract

This Article reevaluates whether laws protecting Native American sacred sites are violative of the Establishment Clause. Both traditional rules and emerging theories of a modified Establishment Clause standard are addressed. The author concludes that modified Establishment Clause rules are inappropriate for analyzing the constitutionality of sacred site protection. Instead, the author advocates application of traditional Establishment Clause rules, which if applied consistently, should pose no barrier in protecting Native American sacred sites.

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Winslow, A. P., (1996) “Sacred Standards: Honoring the Establishment Clause in Protecting Native American Sacred Sites”, Arizona Law Review 38(4), 1291–1343.

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Authors

Anastasia P. Winslow (Plevy & Associates)

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