What is considered sacred by indigenous peoples – including, in this case, water, burial sites, sacred gathering spaces – has been, at various times in our history, debased, mocked, bulldozed or completely ignored by government officials and courts. In fact, for much of our history, many Native American ceremonies were illegal and people were imprisoned for practicing their religion.
The First Amendment's Free Exercise clause is supposed to protect all religious groups, including those with rites and rituals rejected, feared or misunderstood by the majority. But the Supreme Court has often failed to treat Native American religious practices on a level playing field with other religious claims. In fact, Native Americans have never won a Free Exercise case at the U.S. Supreme Court.
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