U.S. Code » Title 42 » Chapter CHAPTER 21— CIVIL RIGHTS › Subchapter SUBCHAPTER I— GENERALLY

42 U.S.C. § 1996

Protection and preservation of traditional religions of Native Americans

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On and after August 11, 1978, 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 the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.

Notes of Decisions
Cited in 106 cases (14 in the last 5 years), 1979–2026 · leading case: Lyng v. Northwest Indian Cemetery Protective Assn.
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Lyng v. Northwest Indian Cemetery Protective Assn. (1988) scotus · cites it 6× “469, 42 U. S. C. § 1996 . Respondents, however, suggest that AIRFA goes further and in effect enacts their interpretation of the First Amendment into statutory law.”
United States v. Mitchell (2007) ca9 · cites it 2× “In related arguments, Mitchell also submits that he cannot be sentenced to death under the FDPA because the Navajo Nation never opted into the federal capital punishment scheme, and that applying the FDPA in these circumstances violates the First Amendment and the American…”
Bowen v. Roy (1986) scotus · cites it 2× “" 42 U. S. C. § 1996 . That Resolution — with its emphasis on protecting the freedom to believe, express, and exercise a religion — accurately identifies the mission of the Free Exercise Clause itself.”
Frank v. State (1979) alaska · cites it 4× “[9] Congress' recent enactment of 42 U.S.C.A. § 1996 (Supp. 1979), which provides in part that 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 the traditional religions of…”
Rice v. Cayetano (2000) scotus · cites it 2× “, American Indian Religious Freedom Act, 42 U. S. C. § 1996 et seq.; Native American Programs Act of 1974, 42 U.”
Philip W. Henderson v. Cal A. Terhune (2004) ca9 · cites it 2× “Henderson also appeals the district court’s conclusion that he cannot state an actionable claim under the American Indian Religious Freedom Act of 1978 (“AIR-FA”), 42 U.S.C. § 1996 . We find that the AIRFA is simply a policy statement and does not create a cause of action or any…”
A.A. Ex Rel. Betenbaugh v. Needville Independent School District (2010) ca5 · cites it 2× “Will this be a problem and what kind of documentation will be needed to prove his heritage?" [4] The e-mail reads in relevant part: "[M]y husband and therefore my son are of native american [sic] descent.”
Romero v. Universal City TX (2001) ca5 “; the American Indian Religious Freedom Act, 42 U.S.C. § 1996 ; and the Civil Rights Act of 1964, 42 U.”
Brooks v. Roy (2012) mnd · cites it 3× “§ 2000ec-l, the American Indian Religious Freedom Act (“AIRFA”), 42 U.S.C. § 1996 , and the Minnesota Constitution, Art.”
In re Rhoades (2017) calctapp · cites it 3× “The Petition also added an allegation that Respondents violated the American Indian Religious Freedom Act (AIRFA) ( 42 U.S.C. § 1996 ). 3 The Petition alleged among other things that Rhoades was “being denied the right to make prayer ties, prayer offering, and spirit offerings…”
United States v. Baca (2009) caed · cites it 4× “1(a)(5) charge, established under the American Indian Religious Freedom Act, 42 U.S.C.A. § 1996 , applies because as a spiritual leader, he was entitled to enter the cultural resource.”
Crow v. Gullet (1982) sdd · cites it 2× “They contend that defendants’ actions both restricting and regulating access to the Butte for religious purposes violates the Free Exercise Clause of the first amendment, the American Indian Religious Freedom Act, 42 U.S.C. § 1996 , Article 18 of the Universal Declaration of…”
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