Native American group loses religious freedom appeal at Supreme Court

CNA Staff, Oct 8, 2025 / 12:00 pm (CNA).

A Native American group working to stop the destruction of a centuries-old religious ritual site has lost a last-ditch appeal to the U.S. Supreme Court to halt the transfer and obliteration of the Arizona parcel.

The Supreme Court in an unsigned order on Oct. 6 said Apache Stronghold’s petition for a rehearing had been denied. The court did not give a reason for the denial.

Justice Neil Gorsuch would have granted the request, the order noted. Justice Samuel Alito, meanwhile, “took no part in the consideration or decision” of the order. 

The denial likely deals a death blow to the Apache group’s attempts to halt the destruction of Oak Flat, 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. 

The federal government is selling the land to the multinational Resolution Copper company, which plans to destroy the site as part of a copper mining operation. 

The coalition had brought the lawsuit to the Supreme Court earlier this year under the federal Religious Freedom Restoration Act, arguing that the sale of the site would violate the decades-old federal statute restricting the government’s ability to encroach on religious liberty. 

The high court in May refused to hear the case. Gorsuch dissented from that decision as well, arguing that the court “should at least have troubled itself to hear [the] case” before “allowing the government to destroy the Apaches’ sacred site.”

Justice Clarence Thomas dissented from the May ruling as well, though he did not add his dissent to the Oct. 6 denial of the appeal. 

In a statement, Apache Stronghold said that while the decision was “deeply disappointing, the fight to protect Oak Flat is far from over.”

The group vowed to “continue pressing our cases in the lower courts.”

“Oak Flat deserves the same respect and protection this country has long given to other places of worship,” the group said.

The coalition has garnered support from major Catholic backers in its religious liberty bid. Last year the U.S. Conference of Catholic Bishops joined an amicus brief arguing that lower court decisions allowing the sale of Oak Flat represent “a grave misunderstanding” of religious freedom law. 

The Knights of Columbus similarly filed a brief in support of the Apaches, arguing that the decision to allow the property to be mined applies an “atextual constraint” to the federal religious freedom law with “no grounding in the statute itself.”

Though Apache Stronghold appears to have exhausted its legal options, the U.S. Court of Appeals for the 9th Circuit said on Aug. 18 that the Oak Flat site would not be transferred to Resolution Copper amid emergency petitions from the San Carlos Apache Tribe as well as the Arizona Mining Reform Coalition. That dispute is still playing out at federal court.

Source: https://www.catholicnewsagency.com/news/267033/native-american-group-loses-religious-freedom-appeal-at-supreme-court