Land Is Kin
Sovereignty, Religious Freedom, and Indigenous Sacred Sites, Foreword by Judge Abby Abinanti
Land Is Kin
Sovereignty, Religious Freedom, and Indigenous Sacred Sites, Foreword by Judge Abby Abinanti
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Through an analysis of the 1988 US Supreme Court case Lyng v. Northwest Indian Cemetery Protective Association, which she interprets as a case about sovereignty and the meaning of land, Lloyd proposes a multilayered understanding of land and the different roles it can simultaneously play. Rejecting the binary logic of sacred religion versus secular property, Lloyd uses the legal dispute over the High Country—an area of the Six Rivers National Forest in Northern California sacred to the Yurok, Karuk, and Tolowa Indigenous nations—to show that there are at least five different, but not equally valid, ways to understand land in the Lyng case: home, property, sacred site, wilderness, and kin. To protect the High Country, the Yurok filed a religious freedom lawsuit but then proceeded to describe the land as their home in court. They lobbied for protecting the High Country through a wilderness designation even as they continued to argue that they had been managing it for centuries. They have purchased large parcels of ancestral land and also declare the land their kin, a relationship that ostensibly excludes the possibility of ownership.
Land Is Kin demonstrates the complexity of land in contemporary religious, political, and legal discourse. By drawing on Indigenous perspectives on the land as kin, Lloyd points toward a framework that shifts sovereignty away from binary oppositions—between property and sacred site, between the federal government and Native nations—towards seeing the land itself as sovereign.
- Acknowledgments
- Foreword by Judge Abby Abinanti
- Introduction: The High Country
- 1. Land as Home in the G-O Road Trial
- 2. Land as Property in the Lyng Decision
- 3. Land as Sacred in Justice Brennan’s Dissent
- 4. Land as Wild in the California Wilderness Act
- 5. Land as Kin in the Klamath River Resolution
- Conclusion: Land as Sovereign
- Notes
- Bibliography
- Index