Religious Freedom and the Protection of Native American Places of Worship and Cemeteries.

Focusing on the protection of Native American places of worship and religious property, this monograph cites several pertinent guarantees of religious freedom found in constitutional or treaty laws, and in court decisions; and gives samples of their abuse throughout history. These guarantees of Native rights are found in the First and Fifth Amendments to the U.S. Constitution; sections of the Treaty of Guadalupe, the Mexican Constitution, California's 1850 Constitution, and the California Act for the Government and Protection of Indians; and various California Indians claims cases. Appended are two versions of the California bill AB 4239 (the one passed by the State Assembly only and the final version passed by the entire legislature). This bill resulted from a conference held at D-Q University in late 1975 to develop legislation to protect Native American cemeteries and sacred places. Also appended is an opinion by the California State Attorney-General's Office summarizing the legal protections available for Native cemeteries under chapter 827, Statutes of 1971. This opinion covers: whether chapter 827 gives the task force created pursuant to its provisions the power to prevent the disturbance of native California Indian burial sites; whether the chapter authorizes the State to prevent such disturbances; and whether there is any provision of law other than chapter 827 which could be used to prevent the disturbance of such burial sites. (NQ)