indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
Group's challenge to sacred site policy rejected
Wednesday, March 31, 2004

A group of non-Indians who challenged government policy aimed at protecting a sacred site in Utah saw their lawsuit thrown out by a federal appeals court last week.

On March 23, the 10th Circuit Court of Appeals ruled that non-Indian visitors to the Rainbow Bridge National Monument failed to show how they were harmed by being asked to stay away from the sacred Rainbow Bridge. As a result, they can't sue the National Park Service for allegedly violating their constitutional rights, a three-judge panel concluded.

"They fail to identify any personal injury suffered by them as a consequence of the alleged constitutional error," wrote Judge Robert H. McWilliams for the majority, quoting precedent set by another sacred site case.

But in dismissing the case, the court left open the question of whether workers at the monument can tell nearly 300,000 visitors a year not to approach and walk under the world's largest natural bridge. By determining that the non-Indian plaintiffs lacked standing, McWilliams said "we do not reach the merits" of this policy.

Several tribes, including the Navajo Nation and the Hopi Tribe, consider Rainbow Bridge to be an important religious site that people should not approach for fear of upsetting the balance of life. The concern was so great that at one time the Navajo Nation sued to stop all access to the bridge. The case was eventually thrown out.

As far back as the 1980s, the monument posted signs asking visitors to respect these religious beliefs. But it wasn't until the mid-1990s, with the adoption of an executive order on sacred sites by then-President Bill Clinton and the signing of an agreement with five area tribes, that the policy became an issue.

The Mountain States Legal Foundation, a conservative group that represented the non-Indian visitors, contends the policy promotes Indian religion in violation of the U.S. Constitution. The plaintiffs say the monument allows tribal members to go to the bridge to hold ceremonies but bars everyone else.

In response to last week's ruling, William Perry Pendley, the group's president, said it "ignores both the facts of this case and the law of the Tenth Circuit as to when users of public land may demand compliance with the Constitution's Establishment Clause." He added: "We will file a petition that the entire Tenth Circuit review the panel's ruling.

Mountain States, which formerly employed Interior Secretary Gale Norton, has represented other non-Indians in a variety of cases affecting sacred sites and treaty rights. In one significant case, the group representing climbers who challenged a voluntary ban on climbing at Devils Tower National Monument in Wyoming, which is used by area tribes for Sun Dance ceremonies.

The group's track record is not positive. Almost every case, including the Devils Tower one, has been decided in favor of tribal rights. The U.S. Supreme Court has refused to accept the group's appeals.

Currently, Mountain States is challenging Indian-teacher training programs at several universities. In letters to school officials, Pendley said the programs are illegal in light of the U.S. Supreme Court's recent decision in an affirmative action case.

Get the Decision:
Natural Arch and Bridge Society v. Alston (March 23, 2004)

Relevant Links:
Rainbow Bridge National Monument - http://www.nps.gov/rabr
Rainbow Bridge Case, Mountain States Legal Foundation - http://www.mountainstateslegal.org/legal_cases.cfm?legalcaseid=53

Related Stories:
Norton aides silent on sacred sites (7/18)
Group bolsters argument with Indian law (06/12)
Zuni Pueblo takes mine fight on the road (7/17)
House clears sale of sacred site to church (6/18)
Input sought into sacred sites (6/5)
Congress considering sacred sites (5/21)
Supreme Court rejects property-rights claim (04/24)
Victory on sacred site case (04/19)
Tribes push action on sacred sites (3/21)
Tribe prevails on sacred site case (3/19)
Norton denies politics played role in drilling (6/7)
Norton hit on exploration of sacred site (6/6)
Myers reversing sacred site opinion (10/25)
Bush nominee has no 'agenda' on Clinton decisions (6/21)
Babbitt denies Calif. gold mine (1/19)
BLM recommends mine rejection (11/10)

Copyright 2000-2004 Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Pine Ridge's David Michaud wins fighting match (12/19)
Mark Trahant: Old school budgets a better deal for Indian Country (12/19)
Ruth Hopkins: Boycott a repeat offender of cultural appropriation (12/19)
8th Circuit sides with Omaha Tribe in reservation boundary case (12/19)
BIA finalizes rule to add Alaska tribes to land-into-trust process (12/19)
Obama signs measure to extend VAWA tribal provision to Alaska (12/19)
Wyandotte Nation set to break ground on $1.4M cultural center (12/19)
Man from Standing Rock Sioux Tribe charged for cousin's murder (12/19)
Opponents of Cowlitz Tribe plan appeal of gaming land decision (12/19)
Menominee Nation off-reservation casino supporters hold rally (12/19)
Bear River Band hires tribal member as casino general manager (12/19)
Column: Poarch Creek gaming is only thing working in Alabama (12/19)
Column: Wait for decision on Mashpee Wampanoag Tribe casino (12/19)
Native Sun News: Oglala Sioux Tribe inaugurates new leadership (12/18)
Walt Lamar: Cooperation helps address crime in Indian Country (12/18)
Brandon Ecoffey: Tournament shows hope of the Lakota people (12/18)
Editorial: Showing caution for marijuana sales in Indian Country (12/18)
Editorial: New York governor makes right call to outlaw fracking (12/18)
Fines for foes of Tohono O'odham Nation off-reservation casino (12/18)
New York passes over tribes for first commercial casino licenses (12/18)
Factions of Cayuga Nation in court over Class II gaming facility (12/18)
Deadline extended for commercial casino eyed by Quapaw Tribe (12/18)
Opinion: Another casino isn't answer to Connecticut's problems (12/18)
Native Sun News: Youth take on lead role in Dakota memorial ride (12/17)
Mark Trahant: NCAI launches new campaign against racist mascot (12/17)
Norm DeWeaver: Job market is a disaster zone in Indian Country (12/17)
Amanda Blackhorse: Fake chiefs and fake headdresses must go (12/17)
DOI makes $9M in buy-back offers on Coeur d'Alene Reservation (12/17)
Shoshone-Bannock Tribes see success with two bills in Congress (12/17)
Boyd Cothran: Torture justified by treatment of Indian prisoners (12/17)
Rep. Gosar faces criticism over bill that benefits Hualapai Tribe (12/17)
Navajo Nation's highest court dismisses challenge to candidate (12/17)
Column: Tribal voices often minimized in environmental debate (12/17)
Column: Chief Cliff still an undeniably spiritual place in Montana (12/17)
Native activists in Brazil protest land bill with bows and arrows (12/17)
Shakopee Tribe funds Eastern Shoshone Tribe casino expansion (12/17)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.