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LYNG v. NORTHWEST INDIAN CEMETERY PROT. ASSN.

No. 86-1013.

485 U.S. 439 (1988)

LYNG, SECRETARY OF AGRICULTURE, ET AL. v. NORTHWEST INDIAN CEMETERY PROTECTIVE ASSOCIATION ET AL.

Supreme Court of United States.

Decided April 19, 1988

Attorney(s) appearing for the Case

Andrew J. Pincus argued the cause for petitioners. With him on the briefs were Solicitor General Fried, Acting Assistant Attorney General Marzulla, Deputy Solicitor General Ayer, Robert L. Klarquist, and Jacques B. Gelin.

Marilyn B. Miles argued the cause for respondents. With her on the brief for the Indian respondents was Stephen V. Quesenberry. John K. Van de Kamp, Attorney General, R. H. Connett, Assistant Attorney General, and Edna Walz, Deputy Attorney General filed a brief for respondent State of California.*

JUSTICE O'CONNOR delivered the opinion of the Court.

This case requires us to consider whether the First Amendment's Free Exercise Clause prohibits the Government from permitting timber harvesting in, or constructing a road through, a portion of a National Forest that has traditionally been used for religious purposes by members of three American Indian tribes in northwestern California. We conclude that it does not.

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