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October 30, 2023
Friends,
How would you feel if your centuries-old church or temple were demolished for a government project? Especially if there were other ways to complete the project without destroying your place of worship? That’s exactly what happened in Becket’s longest-running case:
Slockish v. U.S. Department of Transportation<[link removed]>.
For centuries, Native Americans have used a sacred land in present-day Oregon, known as Ana Kwna Nchi Nchi Patat (the “Place of Big Big Trees”), for religious ceremonies and burials. Wilbur Slockish, who is a Hereditary Chief of the Confederated Tribes and Bands of the Yakama Nation, and Carol Logan, who is a spiritual practitioner and elder in her tribe, worshipped on the site for decades to pray, meditate, and pay respects to their ancestors through traditional ceremonies. (
Click here<[link removed]> for a Becket-created video telling their story.)
However, in 2008, the U.S. Federal Highway Administration ignored tribal members’ pleas to protect the land and bulldozed it to add a turn lane. It was a needless action – the government itself admitted that it could have added the turn lane without harming the sacred site. After more than two years of failed negotiations with the government, the tribal members turned to Becket and the courts.
Their quest became a grueling 15-year legal odyssey. But thanks to the hard work, determination, and perseverance of both the tribal members and our team, we achieved justice at last. After we asked the Supreme Court last year to hold the federal government accountable for needlessly destroying the site, the government changed its tune. Earlier this month,
in a landmark settlemen<[link removed]>
t<[link removed]>, it agreed to restore the site by a replanting a grove of native trees, paying for the reconstruction of a centuries-old stone altar, and recognizing historic Native American use of the site.
This long-awaited victory comes as the Ninth Circuit is considering our
Apache Stronghold<[link removed]> case, in which the federal government is seeking to give away another Native sacred site to a foreign mining company, which will destroy the site in a massive copper mine. The government has an unfortunate history of disregarding Native sacred land, but we are hopeful this settlement is the start of a new chapter in which Native Americans are equally protected under our nation’s promise of religious freedom.
What's happening at Becket
Freedom to save lives. A federal court protected a Catholic medical clinic’s ability to help women reverse the effects of the first abortion pill. Our clients at
Bella Health and Wellness<[link removed]> are standing up against a Colorado law that bans abortion pill reversal treatment – and even forbids telling women about this option.
This ruling<[link removed]> grants protection to Bella and the women who come to them for medical help to continue their pregnancies.
A hat trick for religious schools. Five years ago, the Archdiocese of Indianapolis faced three separate lawsuits over its freedom to hire Catholic educators who agree with the Catholic faith. With the last one reaching its
final conclusion<[link removed]> earlier this month, Becket has now won three-for-three in each case, successfully defending the freedom of religious schools to choose those who will pass the faith on to the next generation.
Miracle on Miracle Hill. We won rulings in
TWO cases<[link removed]> that protect South Carolina for doing the right thing: letting faith-based foster agencies, including one called Miracle Hill, serve children. These are major victories for the people of South Carolina, especially children in South Carolina’s foster care system. Thanks to these two court orders, faith-based agencies can continue finding loving homes for kids.
Becket in the news
No double standard for religion. Last month, I wrote to you about our win for the
Fellowship of Christian Athletes<[link removed]> (FCA), a religious student club kicked out of a public school district after a teacher-led campaign of bullying and harassment. Christianity Today
features<[link removed]> the victory.
Helping pregnant women. “Since this lawsuit began, one abortion pill reversal patient under Bella’s care gave birth to a healthy baby boy. Three other women who received abortion pill reversal treatment under Bella’s care are scheduled to give birth this fall.“
Read more<[link removed]> about our win for the Bella Health clinic.
“Let’s try, as far as possible to restore it, to try to make it right.” For more on the Slockish case, watch
this TV news clip<[link removed]> with Becket VP and senior counsel Luke Goodrich.
What we’re reading (and listening to)
“Religious Liberty in a Polarized Age.” In his new book, Professor Thomas Berg of the University of St. Thomas School of Law explores how religious liberty can be an answer to polarization in American society. Becket counsel Nick Reaves and paralegal Matthew Krauter
wrote a review<[link removed]> of the book.
First Amendment and religious clubs. Becket VP and senior counsel Daniel Blomberg
gives an update<[link removed]> for FedSoc on our FCA victory, discussing the underlying Constitutional issues and related cases with Casey Mattox of Americans for Prosperity.
“The Canceling of the American Mind.” Greg Lukianoff of the Foundation for Individual Rights and Expression (FIRE) has a new book following up on his previous one, The Coddling of the American Mind. The book looks at the psychological causes and effects of “cancel culture” and offers solutions including a re-commitment to our first liberties. Politico has an
in-depth feature<[link removed]> on Lukianoff and the book.
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Mark Rienzi
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