Apache Religious Freedom Loses to the Power of Capitalism

I was saddened to read in a May, 27th NBC News article that SCOTUS refused to hear a last minute appeal from Apache Stronghold, the group trying to protect Oak Flat, an ancient ceremonial ground for The Apache. Apache Stronghold asserted that their First Amendment religious rights would be violated if Resolution Copper proceeds with their pit mine. Resolution Copper is a consortium of two large, foreign mining companies that plan to dig a 2 mile wide by 1000 foot deep pit mine to extract copper. Resolution Copper estimates that this mine could supply up to 25% of the US copper needs per year.  

If you are a LWVCO member and were present for one of my religious freedom position presentations earlier this year, we discussed Oak Flat and the potential for religious rights being subjugated by the need for more; more copper and subsequently more loss of tribal rights. Oak Flat, just southeast of Phoenix, AZ is home to The San Carlos Apache Tribe. The United States took control of this land in a 1852 treaty with Apache Chiefs, pledging to care for the land and pledging to protect tribal rights. We all know how that goes.  

Here is a great video from NBC that describes Apache Stronghold in their fight as US citizens to preserve their religious freedom.

SCOTUS of late, never gives an opinion without leaving questions as to how the case actually came before them and the fundamental logic of their decision. Prior courts strove for unanimity to show resolute, steadfast legal opinions that we could believe in and base our personal decisions upon. The Roberts Court is anything but unanimous. In the Oak Flat case, Sam Alito abstained. Gorsuch and Thomas said that they would have taken up the case. Gorsuch called the decision to not hear the case a "grievous mistake.” He went on to say, "Just imagine if the government sought to demolish a historic cathedral on so questionable a chain of legal reasoning. I have no doubt that we would find that case worth our time," he said. "Faced with the government's plan to destroy an ancient site of tribal worship, we owe the Apaches no less."

Is my religious freedom different than yours? Is my religious freedom influenced by either being in or out of the religion du jour - or perhaps being Native American? Judge Gorsuch’s words sadden me because they ring true. We are living in a country that clearly states in The First Amendment that all US citizens are free to practice their religion as they see fit until capitalism comes knocking.