Date: 06 June 2009
Contact: Klee Benally, Save the Peaks Coalition
Phone: (928) 380-2629;
E-mail:
coalition@savethepeaks.org
Web Site:
www.savethepeaks.org
Supreme Court
Affirms Tribes Have No Religious Rights
Tribes and others Call For Congressional Action to Protect
Sacred Places
Flagstaff, AZ—On Monday, June
8th 2009, the Supreme Court denied the petition by Tribes &
Environmental groups to hear the case to protect the holy San
Francisco Peaks.
For nearly a decade, the Save the Peaks
Coalition, Tribes, Environmental groups, and community members
lead an effort to stop the Snowbowl ski area’s plan to expand it’s
development on the Peaks and make snow from treated sewage
effluent. The ski resort operates on the Holy Mountain through a
lease by the United States Forest Service, which sanctioned the
proposed development in 2004.
This is the second time that a
petition for the protection of the San Francisco Peaks has been
denied by the Supreme Court.
According to Howard Shanker, attorney
for the Navajo Nation, the Havasupai Tribe, the Yavapai-Apache
Nation, the White Mountain Apache Tribe, Flagstaff Activist
Network, the Center for Biological Diversity and others, and
former congressional candidate: “It is unfortunate that the
Supreme Court denied our petition for certiorari. The Court’s
denial serves to perpetuate injustice and the application of bad
law regarding the rights of Native Americans to protect sacred and
holy sites. It is, however, safe to say that as long as the San
Francisco Peaks remain, there will be people willing to continue
the struggle to protect the Peaks and to honor the beliefs and
cultures of those peoples who hold them sacred.”
“The Supreme
Court’s denial of certiorari in the Navajo Nation case is
unfortunate to say the least,” stated Jack Trope of the
Association on American Indian Affairs, who is working together
with DNA Legal Services, representing the Hualapai Tribe, Navajo
medicine practitioner Norris Nez, and Hopi spiritual practitioner
Bill Preston. “It means that the San Francisco Peaks, sacred to so
many tribes, will continue to be at great risk from the
development approved by the Forest Service that allows treated
sewage water to be used for snowmaking. It also means that the
Ninth Circuit’s narrow interpretation of the Religious Freedom
Restoration Act (RFRA)–an interpretation which, in practice, will
make that law virtually unavailable to protect sacred lands in the
states covered by the Ninth Circuit–will stand.”
According to
the previous ruling of the en banc panel of the 9th Circuit, "the
only effect of the proposed upgrades is on the Plaintiffs'
subjective, emotional religious experience. That is, the presence
of recycled wastewater on the Peaks is offensive to the
Plaintiffs' religious sensibilities…the diminishment of spiritual
fulfillment–serious though it may be–is not a 'substantial
burden' on the free exercise of religion." The Court dismissed
Plaintiffs' religious beliefs as calling them mere "damaged
spiritual feelings." Regrettably, the Supreme Court’s refusal to
hear the case leaves the en banc panel’s decision in place as the
law in the Ninth Circuit.
“The Navajo Nation cannot express enough
disappointment and disapproval.” Said Navajo Nation Council
Speaker Lawrence T. Morgan. “Navajo people understand Dook’o’ooslid, the San Francisco Peaks, to be a significant
relative that we attribute value, concern, and meaning to as anyone
else would to a mother, father, or grandparent. It is very
unfortunate that our non-native relatives do not realize the
seriousness of their decisions.”
Don Watahomigie, Chairman of the
Havasupai Tribe stated, “Where do native people stand now in
relation to our government to government relationship with the federal government
when laws passed like RFRA, airfa, and NAGPRA don't hold water? If
this goes on, this will be a precedent for other developments to
start on other spiritual sacred lands anywhere in the country. I
call on other tribal leaders to work together to find a way to
create laws to hold water and protect the sacred.”
"The Supreme
Court, the Forest Service, and the Flagstaff City Council have all
failed us,” stated Jeneda Benally of the Save the Peaks Coalition.
“In this day and age, we are still denied our basic civil and
human rights by the U.S. government. We have no guarantee for the
protection of our religious freedom. This case was important to
ensure religious freedom in the United States of America. Our own
courts have failed the American people once again.”
“This is
nothing new. The Supreme Court is deflecting its responsibilities
toward indigenous people all over the country,” stated Carly Long,
President of the Board of Directors of the Flagstaff Activist
Network, a plaintiff in the case. “Indigenous people and their
allies need to stand up in the wake of this injustice and demand
more from the US government. It is high time Congress stepped in
with legislation to protect Native rights and sacred sites.”
“This
is a setback, but it is not the end," stated Jack F. Trope,
Executive Director, Association on American Indian Affairs. "The Obama Administration
still has the authority to stop this development and develop
policies to ensure that future decisions are more respectful of
sacred sites.
“Moreover, other circuits
like the Tenth Circuit have interpreted RFRA more broadly and
efforts to use that law to protect other sacred places will
continue. Finally, the struggle over the San Francisco Peaks and
the failure of RFRA to protect this sacred place ought to send the
message to Congress that it is time for the lawmakers to approve
legislation that would strengthen applicable law so that it will
better protect Native American sacred places across the country.”
“As one of the plaintiffs in this case,"
stated Bucky Preston, a Hopi spiritual runner, "I talk with Hopi elders.
They have been telling me that they are tired of white men making
decisions without coming to Hopi to tell us. A
government is run by human beings, and we are not above one another
as humans. We are all equal. If we want good lives, consultation
should be humans coming together by consensus. This is the Hopi
way, and this has never happened. We need to respect life, and this
can’t be done with this kind of consultation. True consultation
has yet to be seen at Hopi. I remember that Obama told the Crow
people that he would be thinking of Indian People every day. I
point to him now and call upon him to come to Hopi in true
consultation to resolve this matter with the true Hopi elders from
our villages.”
“This case goes far beyond
the interests of a single for-profit private business." Stated
Klee Benally of the Save the Peaks Coalition. "Our
traditional cultural teachings compel us to continue to fight
Snowbowl’s attempts at expansion and snowmaking with treated
sewage on this Holy Mountain. We will continue our work to protect the
sensitive mountain ecosystem and public health. Our way of life is
in peril. We will continue to pray and struggle to safeguard
mother earth for our cultural survival."
Navajo Nation Speaker
Lawrence T. Morgan stated, “If we stop here, we are short-changing
ourselves. We have to stand our ground and continue the fight for
the protection of our sacred sites. We cannot allow
the flood gates to open even farther. It is extremely important to
seek all means of legal remedies. These decisions will impact
future generations. It is imperative that we seek a decision in
our favor.”
For more information and background please visit:
http://www.savethepeaks.org
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