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Diverse Coalition Urges Supreme Court To Protect Oak Flat

Fifteen friend-of-the-court briefs ask Justices to halt destruction of Apache sacred site.

A coalition of tribal nations, Catholic bishops, states, legal scholars, and diverse religious organizations asked the Supreme Court yesterday to protect the Apache sacred site at Oak Flat from destruction by a multinational mining giant. In Apache Stronghold v. United States, the Ninth Circuit Court of Appeals refused to stop the federal government from transferring Oak Flat to Resolution Copper, a foreign-owned mining company that plans to turn the site into a massive mining crater, ending Apache religious practices forever (Watch this short video to learn more).

Since time immemorial, Western Apaches and other Native peoples have gathered at Oak Flat for sacred religious rites that cannot take place elsewhere. Known in Apache as Chi’chil Biłdagoteel, Oak Flat is listed in the National Register of Historic Places and has been protected from mining and other harmful practices for almost 70 years. These protections were eliminated in December 2014 when a last-minute provision authorizing the transfer of Oak Flat to the Resolution Copper company was inserted into a must-pass defense bill. Resolution Copper is a foreign-owned mining company that plans to turn the sacred site into a two-mile-wide and 1,100-foot-deep crater. The majority owner of Resolution Copper, Rio Tinto, sparked international outrage when it deliberately destroyed 46,000-year-old Indigenous rock shelters at one of Australia’s most significant cultural sites.

“This strong showing of support from a diversity of faiths—Catholics, Protestants, Muslims, Jews, Sikhs, and more—demonstrates that the threat to religious freedom at Oak Flat is a threat to religious freedom everywhere,” said Dr. Wendsler Nosie Sr. of Apache Stronghold. “We pray that the Justices take our case and ensure that our religious practices receive the same respect that all other faith traditions enjoy.”

Highlights from yesterday’s filings in Apache Stronghold v. United States include:

  • Diverse religious organizations, including the Sikh Coalition and the Jewish Coalition for Religious Liberty, emphasize how the decision below contradicts RFRA’s history and purpose.
  • The Knights of Columbus show how the destruction of Oak Flat threatens people of all faith, who routinely worship on federal land.
  • A broad coalition of military chaplains emphasize the important historical role of the government in facilitating free exercise in special contexts where the government controls the ability to worship.

Apache Stronghold—a coalition of Apaches, other Native peoples, and non-Native allies—filed this lawsuit in January 2021, seeking to halt the proposed mine at Oak Flat. The mine is opposed by 21 of 22 federally recognized tribal nations in Arizona and by the National Congress of American Indians. Meanwhile, national polling indicates 74% of Americans support protecting Oak Flat. The Ninth Circuit ruled earlier this year that the land transfer is not subject to federal laws protecting religious freedom. But five judges dissented, writing that the court “tragically err[ed]” by refusing to protect Oak Flat. On September 11, Apache Stronghold filed their appeal to the Supreme Court.

“Obliterating Native sacred land to make way for a copper mine is a tragic betrayal of our nation’s promise of religious freedom for all,” said Luke Goodrich, vice president and senior counsel at Becket. “We expect the Supreme Court to take this case and confirm that Native American religious practices are fully protected by federal law.”

In addition to Becket, Apache Stronghold is represented by Erin Murphy of Clement & Murphy PLLC, Professor Stephanie Barclay of Georgetown Law School, and attorneys Michael V. Nixon and Clifford Levenson.

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