Protect The 1st Foundation
  • About
    • Leadership
  • Issues
  • Scorecards
  • News
  • Take Action
    • Educational Choice for Children Act
    • PRESS Act
    • Save Oak Flat Act
  • DONATE
  • About
    • Leadership
  • Issues
  • Scorecards
  • News
  • Take Action
    • Educational Choice for Children Act
    • PRESS Act
    • Save Oak Flat Act
  • DONATE
Picture

Native American Tribes Win Settlement From Federal Government Over Destruction of Sacred Site

10/11/2023

 
Picture
Last year, the Protect The First Foundation filed an amicus brief urging the Ninth Circuit Court of Appeals to hear the plight of the Yakima Nation and the Confederated Tribes of Grand Ronde. These two Native American groups sued when the federal government widened U.S. Highway 26 in Eastern Oregon, demolishing an ancient stone altar and grove of trees sacred to the religion of these Americans.
 
The U.S. District Court in Oregon had first found that the U.S. Federal Highway Administration had not violated the religious rights of the tribes under the Religious Freedom Restoration Act (RFRA). A Ninth Circuit Court panel further did not see that it had the authority, or a need, to attempt remediation. Compounding injury with insult, the Ninth Circuit ruled the government was not responsible for the destruction of the sacred site and dismissed the case as moot. Accordingly, Protect The 1st, along with the Jewish Coalition for Religious Liberty, the Sikh Coalition, and the American Islamic Congress, petitioned the U.S. Supreme Court to reconsider the matter.
 
Perhaps not wanting to face a High Court notably protective of the First Amendment and religious expression, the federal government quickly agreed to a settlement. The government will replant the grove of native trees, pay for the reconstruction of the sacred stone altar, and recognize the historic use of the site by Native Americans. The restoration of the sacred site is set to be completed by spring 2024. The good news comes from the Becket Foundation, which helped the tribes file their petition.
 
“Our nation has a long, dark history of needlessly destroying Native American sacred sites without consequence,” said Luke Goodrich, Vice President and Senior Counsel at Becket. In a thread on X (Twitter), Goodrich said, “The government can never fully undo the damage it caused in this case. But this agreement is one step in a better direction--allowing these tribal members to resume religious practices that the government had taken away.”
 
The stunning about-face comes despite the government’s consecutive wins in lower and appellate courts. Perhaps the government took note that Justice Neil Gorsuch has ruled in favor of Native American tribes in nearly a dozen cases, often casting his vote to give the Court’s liberal wing a rare majority.
 
The settlement comes as other cases involving Native American land are still pending. The Ninth Circuit is still considering Apache Stronghold v. United States. In that case, the federal government is seeking to give away another Native sacred site to a multinational mining giant which plans to turn the site into a copper mine. 
 
Protect The 1st congratulates the Yakima Nation and the Confederated Tribes of Grand Ronde as well as the Becket Foundation for their victory. The religious liberty protections of the First Amendment apply to all Americans, but most especially to religious minorities more vulnerable than faiths with many adherents.
 
We hope this settlement will send a message to careless government bureaucrats to be more respectful of Native American religious sites. We especially hope this same change of heart will also come for the Apache and their case now before the Ninth Circuit.

Comments are closed.

    Archives

    May 2025
    April 2025
    March 2025
    February 2025
    January 2025
    December 2024
    November 2024
    October 2024
    September 2024
    August 2024
    July 2024
    June 2024
    May 2024
    April 2024
    March 2024
    February 2024
    January 2024
    December 2023
    November 2023
    October 2023
    September 2023
    August 2023
    July 2023
    June 2023
    May 2023
    April 2023
    March 2023
    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021

    Categories

    All
    2022 Year In Review
    2023 Year In Review
    2024 Year In Review
    Amicus Briefs
    Analysis
    Book Banning
    Campus Speech
    Censorship
    Congress
    Court Hearings
    Donor Privacy
    Due Process
    First Amendment
    First Amendment Online
    Freedom Of Press
    Freedom Of Religion
    Freedom Of Speech
    Government Transparency
    In The Media
    Journalism
    Law Enforcement
    Legal
    Legislation
    Legislative Agenda
    Letters To Congress
    Motions
    News
    Online Speech
    Opinion
    Parental Rights
    PRESS Act
    PT1 Amicus Briefs
    Save Oak Flat
    School Choice
    SCOTUS
    Section 230
    Speaking Of The First Amendment
    Supreme Court

    RSS Feed

we  the  people.

LET  YOUR  VOICE  BE  HEARD:


ABOUT

Who We Are

​Leadership

ISSUES

1st Amendment

TAKE ACTION

Donate

​Contact Us
® Copyright 2024 Protect The 1st Foundation