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Catholic-backed suit to protect Native American site wins temporary block in federal court

Michie

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An effort backed by the U.S. bishops to protect a centuries-old Native American religious site from destruction scored a win in federal court on Friday when a district judge blocked the sale of the location while the matter is considered by the U.S. Supreme Court.

U.S. District Judge Steven Logan said in the Friday order that the federal government would be prohibited from selling the Oak Flat site in Arizona while the coalition group Apache Stronghold waits for the Supreme Court to potentially consider its case.

The federal government several years ago moved to transfer Oak Flat to the mining company Resolution Copper after having protected the site for decades. The group’s proposed mining operations would largely obliterate the site, which has been viewed as a sacred site by Apaches and other Native American groups for hundreds of years and has been used extensively for religious rituals.

Apache Stronghold filed a challenge to the transfer, arguing that it violates both the federal Religious Freedom Restoration Act (RFRA) and an 1852 treaty protecting Apache territory. The religious liberty law group Becket is representing the group in the case. Several lower courts have already ruled against the Native American group.

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