Lyng v. Northwest Indian Cemetery Protective Ass'n

Lyng v. Northwest Indian Cemetery Protective Association
Argued November 30, 1987
Decided April 19, 1988
Full case nameRichard E. Lyng, Secretary of Agriculture, et al., Petitioners v. Northwest Indian Cemetery Protective Association, et al.
Citations485 U.S. 439 (more)
108 S. Ct. 1319; 99 L. Ed. 2d 534; 1988 U.S. LEXIS 1871; 56 U.S.L.W. 4292; 18 ELR 21043
Holding
The American Indian Religious Freedom Act of 1978 (AIRFA) does not create a cause of action under which to sue, nor does it contain any judicially enforceable rights.
Court membership
Chief Justice
William Rehnquist
Associate Justices
William J. Brennan Jr. · Byron White
Thurgood Marshall · Harry Blackmun
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
Case opinions
MajorityO'Connor, joined by Rehnquist, White, Stevens, Scalia
DissentBrennan, joined by Marshall, Blackmun
Kennedy took no part in the consideration or decision of the case.

Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988), was a United States Supreme Court landmark case in which the Court ruled on the applicability of the Free Exercise Clause to the practice of religion on Native American sacred lands, specifically in the Chimney Rock area of the Six Rivers National Forest in California. This area, also known as the High Country, was used by the Yurok, Karuk, and Tolowa tribes as a religious site.

The ruling is considered a key example of judicial restraint by the Supreme Court.