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Apache Tribe Takes Fight For Sacred Ground To Supreme Court

U.S. Supreme Court building is seen in Washington

The Apache tribe in Arizona is currently engaged in a legal battle with the federal government and copper producers over the protection of their sacred ground, Oak Flat. The tribe, represented by the nonprofit group Apache Stronghold, argues that Oak Flat is crucial to their religious practices and ceremonies, serving as a direct connection to their Creator.

The government had previously safeguarded Apache rituals at Oak Flat. However, plans to transfer the site to Resolution Copper for mining purposes have sparked controversy. The proposed mine would destroy Oak Flat, leading to the permanent loss of sacred Apache traditions.

Apache Stronghold is invoking the Religious Freedom Restoration Act (RFRA) and the Free Exercise Clause in their fight to preserve Oak Flat. They contest a lower court decision that dismissed their claims, emphasizing the significant impact the destruction of Oak Flat would have on their religious practices.

Oak Flat crucial for Apache religious practices and ceremonies.
Apache tribe in legal battle over Oak Flat with government and copper producers.
Apache Stronghold invoking RFRA and Free Exercise Clause to preserve Oak Flat.

Oak Flat, spanning 6.7 square miles near Superior, Arizona, holds immense cultural and historical significance for the Apache tribe. It features ancient oak groves, sacred springs, burial sites, and archaeological remnants dating back 1,500 years.

Wendsler Nosie of Apache Stronghold likened Oak Flat to the Mount Sinai of their faith, underscoring its role in shaping their identity and spirituality. The site is integral to various Apache ceremonies, including the Sunrise Ceremony marking a girl's transition into womanhood.

The legal dispute traces back to the discovery of a substantial copper deposit beneath Oak Flat in 1995. Efforts to transfer the land to mining companies intensified over the years, culminating in a controversial provision attached to the National Defense Authorization Act in 2014.

Recent developments, including the publication of an environmental impact statement confirming the impending destruction of Oak Flat, have fueled the legal battle. Becket, a nonprofit law firm advocating for religious liberties, is supporting Apache Stronghold in challenging the government's actions.

The Supreme Court is expected to review the case, with potential implications for religious freedom and land management policies. Advocates stress the importance of upholding the rights of the Apache tribe to practice their faith at Oak Flat, urging the Court to intervene and protect their longstanding traditions.

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