By Victor Urquiza
Community members, organizers, and UFE staff join the prayer ceremony with the Apache Stronghold at the Avila Center for Community Leadership. Photo credit: Apache Stronghold
On September 4th, 2024, United for a Fair Economy had the incredible privilege of hosting the Apache Stronghold in Durham, North Carolina on their national prayer journey leading up to their Supreme Court fight on September 11th.
A History of Theft, Broken Promises and Mass Suffering
Ever since the colonial project of the United States began over 400 years ago, indigenous nations and tribes have been subjected to genocidal practices including land theft and forced displacement, murder, sexual violence, ethnic cleansing, apartheid, racism and broken treaties.
These injustices have been met with many forms of resistance. Since 1492 to the present day, Native people in the Americas have fought back against colonialism and capitalism. One of the most recent examples of this 400 year long resistance is within the Apache Stronghold.
Photo credit: Robin Silver Photography
The Fight To Save Chí’chil Biłdagoteel (Oak Flat)
Chí’chil Biłdagoteel – “Oak Flat” in English – is sacred ceremonial ground, held by several Apache tribes in Arizona.
Since the early 2000s, Apache tribes and community support groups have fought against Resolution Copper, a multinational mining company, which has been attempting to steal the land of Oak Flat to gain access to one of the biggest copper deposits in the country.
For decades, the U.S. government had prohibited mining operations on this land because of its sacred value to several native groups in the Southwest. This all changed when, in 2014, a last minute change to a defense bill directed the government to transfer the Oak Flats land to Resolution Copper. This bill included plans to construct a mine that will obliterate the sacred site in a nearly 2-mile-wide, 1,100-foot-deep crater.
In response, a coalition of Apache tribes, non-Apache native groups and non-native organizations came together to create the Apache Stronghold. They sued the U.S. government for this blatant attack on religious freedom and indigenous sovereignty.
Seeking Justice: All the Way to the Supreme Court
For the last decade, the Apache Stronghold has been challenging the Federal government in a series of lawsuits to repel Resolution Copper from their sacred land.
They argue that the 2014 legislation that gave away their land act violates the Religious Freedom Restoration Act (RFRA) of 1993, which prohibits any agency, department, or official of the United States or any State from substantially burdening a person's exercise of religion. They also charge that it is in violation of an 1852 treaty promising that the United States would protect Apache land and “secure the permanent prosperity and happiness” of the Apaches.
When the trial court declined to stop the land transfer, the Apache Stronghold appealed to the Ninth Circuit Court of Appeals. On June 24th, 2022, the Ninth Circuit rejected their case, stating that the land transfer to Resolution Copper did not “substantially burden the Apaches’ religious exercise.” The case was reheard by the Ninth Circuit Court in November 2022, but once again was refused on March 1st, 2024. The Apache Stronghold decided to bring their fight to the Supreme Court.
A Prayer Journey from Oak Flats to SCOTUS Stops in Durham
Since July 11th, the Apache Stronghold has been traveling across the country from Oak Flat to Washington, D.C. on a prayer journey to raise awareness and build support for their righteous struggle for spiritual sovereignty.
They stopped in Durham, North Carolina on September 4th, where UFE hosted them at the Avila Center for Community Leadership. Our staff had the privilege of participating in their prayer ceremony.
One week later, their Supreme Court case, Apache Stronghold v. United States, was heard on September 11th, 2024. It is expected that the Court will decide by early next year whether to hear the case.
Apache Stronghold organizer, Vannessa Nosie (left), UFE Executive Director, Jeannette Huezo (middle), and Professor and Apache Stronghold organizer, Dr. Wendsler Nosie, Sr. (right). Photo credit: Apache Stronghold
A Court Case That Can Change the Nation
A decision in Apache Stronghold v. United States will have massive legal implications across the country. It could change longstanding U.S. law, which has recognized that only native people have a “spiritual connection to the land,” and could also substantially impact existing law on religious freedom of all individuals, native and non-native. With an extremely conservative Supreme Court, this could be a tough battle for the Apache Stronghold. However, in the words of Dr. Wendsler Nosie, Sr., “this fight is only the beginning.”
Apache Stronghold v. United States is opening up a much-needed conversation about indigenous sovereignty and modern day colonization. UFE stands in firm solidarity with the Apache Stronghold and will continue to give our support to their struggle.
Click the links below to learn more and stand in support.
Please donate to the campaign
Please share the campaign and click “track this case” to sign up for updates: Apache Stronghold v. United States
This article was first published by UFE.
コメント