Summary of NCJW AZ’s Involvement with the Navajo Nation and the Apache Stronghold Case
The National Council of Jewish Women Arizona (NCJW AZ) stands firmly with Apache Stronghold and the Navajo Nation in advocating for the protection of Chí’chil Biłdagoteel (Oak Flat), a sacred site for the Western Apache people. With the recent denial of a petition for writ of certiorari by the Supreme Court, Apache Stronghold’s legal battle continues against the federal government’s plans, in collaboration with a mining conglomerate, to transform this sacred land into a copper mine.
For centuries, the Western Apaches have revered Oak Flat as a direct corridor to the Creator, a site essential for conducting various religious ceremonies, including the vital Sunrise Ceremony. The impending mining operation threatens to permanently destroy this historical place of worship, preventing any future religious practices at the site. Despite the immense spiritual significance, the Ninth Circuit Court ruled that the government’s actions do not impose a “substantial burden” on the Apaches’ religious exercise, a conclusion that has incited dissent from justices who emphasize the critical importance of protecting minority religious beliefs under the Religious Freedom Restoration Act (RFRA).
RFRA prohibits any actions by the government that would substantially burden an individual’s exercise of religion unless it can demonstrate a compelling governmental interest achieved by the least restrictive means. The Ninth Circuit’s ruling, however, restricts the understanding of “substantial burden,” suggesting that only actions involving coercion or discrimination apply—ignoring the reality that the destruction of sacred sites is indeed a profound violation of religious rights.
NCJW AZ and a coalition of thirteen statewide advocacy organizations have expressed unwavering support for Apache Stronghold, highlighting concerns that the legal precedent set by the Ninth Circuit could jeopardize the religious rights of Native Americans and other minority faiths across the country. The organization’s involvement is driven by a commitment to uphold justice and protect the spiritual practices sacred to the Apache community, recognizing that these issues resonate deeply with broader concerns surrounding land rights, cultural heritage, and religious freedoms.
The fight against the mining project at Oak Flat serves as a pivotal moment for not only the Western Apaches but for the protection of sacred sites nationwide. As the legal battles progress, NCJW AZ calls upon community members and allies to support efforts to safeguard these vital cultural landmarks that are central to the identity and spirituality of Indigenous peoples.