Bear Lodge Multiple Use Association v. Babbitt and Cheyenne River Sioux TribeThe Becket Fund often pushes back against Establishment Clause misuse that attempts to restrict governments from giving reasonable and laudable accommodations for citizens to freely practice their religion. In this case Native American tribes including the Cheyenne River Sioux of Wyoming had worked with the National Park Service to make arrangements to practice their ancient Lakota rituals undisturbed every June on sacred ground in Devil’s Tower National Monument. The area is quite popular with rock climbers and visitors, so the Park Service implemented a sensible plan that discouraged rock climbing during June, posted signs marking the sacred ground, and started a cultural education program that informed visitors of Native American culture and religion.
A group of climbing guides sued the Park Service arguing the arrangement was an unconstitutional establishment of religion. The Becket Fund, along with a group of civil liberty and religious organizations, fought back with an amicus curiae brief on behalf of the tribe. The Tenth Circuit Court of Appeals dismissed the case, holding that the climbers had failed to identify a personal injury and consequently had no standing to bring the case.
Cases like this are important to us at the Becket Fund not only because we find it admirable when governments craft policies with a conscientious effort to protect religious minorities. We also believe that these lawsuits threaten religious expression in scores of other scenarios; we’ve often heard the same argument used to challenge studying religious texts in high school history or English classes, or exhibiting religious elements in local cultural festivals and displays. Resources & Documents
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