marichiko |
10-06-2004 12:19 AM |
More than you ever wanted to know
From the 9th Circuit's ruling:
" According to Cholla’s complaint, ADOT faced years ofcontroversy about the destruction of Woodruff Butte. A federal district court in previous litigation awarded the Hopi Tribe a preliminary injunction requiring consultation with the Tribe before spending federal funds on a construction project using materials from Woodruff Butte because of the Butte’s historical and cultural importance. The complaint’s descriptions of the controversy and litigation over the land; the cultural and historical importance of Woodruff Butte in addition to its religious significance; and the Arizona State Historic Preservation Officer’s conclusion that the Butte is an ‘important cultural landmark’ are inconsistent with Cholla’s claim that advancing religion is the principal or primary effect of defendants’ actions. Because of the unique status of Native American socie-ties in North American history, protecting Native American shrines and other culturally important sites has historical value for the nation as a whole, much like Greece’s preservation of the Parthenon, an ancient Greek temple of worship. Similarly, because of the central role of religion in human societies, many historical treasures are or were sites of religious worship. The Establishment Clause does not require governments to ignore the historical value of religious sites. Native American sacred sites of historical value are entitled to the same protection as the many Judeo-Christian religious sites that are protected on the NRHP, including the National Cathedral in Washington, D.C.; the Touro Synagogue, America’s oldest standing synagogue, dedicated in 1763; and numerous churches that played a pivotal role in the Civil Rights Movement, including the Sixteenth Street Baptist Church in Birmingham, Alabama. [8] Defendants’ policy does not convey endorsement orapproval of the Tribes’ religions. See County of Allegheny,492 U.S. at 592; Buono v. Norton, 371 F.3d 543, 548-50 (9thCir. 2004) (holding that maintenance of a cross on public land violates the Establishment Clause because a reasonable observer might see the cross as an endorsement of Christianity). There is no suggestion that the state defendants favor tribal religion over other religions or that they would not protect sites of historical, cultural, and religious importance to other groups. [9] Moreover, defendants’ policy does not advance religion, but rather implements ADOT’s decision that state construction projects should be carried out in a way that does not interfere with the Tribes’ religious practices or destroy religious sites that have historical significance. Accommodating religious practices that does not amount to an endorsement is not a violation of the Establishment Clause. See Hobbie v.Unemployment Appeals Comm’n of Fla., 480 U.S. 136, 144-45 (1987)"
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