The United States Forest Service needed to build a six-mile connection between two roads. They selected the Chimney Rock are of Six Rivers National Forest to build this paved roadway. They made this choice after considering other alternatives because the area had been historically used by Native Americans for their religious rituals. These ceremonies required privacy, silence, and an undisturbed natural setting.
By a 5-3 vote the Court allowed the road to be built.
| Majority Opinion: (Justice O'Conner) |
The Free Exercise Clause was not violated because the Native Americans were not prevented from engaging in their religious practices. While the incidental effect of the government’s decision makes doing so more difficult, it does not coerce individuals to act contrary to their religious beliefs. Prior to making its decision, the Forest Service made a good faith effort to find an alternate plan for connecting the roads. In doing so, they limited the possible detriments felt by the Native Americans. Because the First Amendment applies to all citizens, no group is given veto power over public programs that do not prohibit the free exercise of religion. Additionally, the government would be unable to operate if it was required to satisfy every citizen’s needs and desires.
The Court considered the benefits of the road to society in general outweighed the preferences of the Native Americans. It held that to allow an individual group to ‘veto’ programs would cause gridlock because of the wide diversity of religious beliefs.
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