Guest Post: Bob Hershey on Contemporary Attacks on Sacred Sites

KILLERS OF THE FLOWER MOON IS A STUDY IN GENOCIDAL VILLANY: THE UNITED STATES CONTEMPORARY WAR ON NATIVE AMERICAN SACRED SITES CONTINUES THE RAMPAGES OF THAT ERA.

By what imagined rights does the United States attempt to legitimize its original conquest of Indigenous Peoples and continue to obliterate Native Americans’ Holy Places? In the quest for mineral enrichments–be it oil, copper, lithium, or uranium– how long should we enable and benefit from the sort of genocidal dispossession depicted in Killers of the Flower Moon?

            From first contact between Europeans and Indigenous Peoples, dehumanization of American Indians has been the invention necessary to Colonialism. To this end Spain’s monarchs solicited pontifical decrees, “Papal Bulls.” Popes blessed inherently non-Christian subjugations of “heathens, infidels, and savages,” birthing the Doctrine of Discovery, the notion that cross-Atlantic sea travel somehow conveyed title to “America” to European nations. Pope Francis repudiated this indefensible foundation for White Supremacy earlier this year (link), but its legal and cultural legacies live on, perpetuating the inhumane treatment of Indigenous Peoples so poignantly depicted in Killers.

Founding American myths of the righteousness of conquest and of Manifest Destiny both fed and were propagated by the Marshall Trilogy, the suite of Supreme Court opinions (1823 –1832) at the root of U. S. American Indian Law. The first chief justice, John Marshall, wrote that the courts of the conqueror would not apologize for bringing the benefits of “civilization” to America’s Native Nations. Marshall argued that leaving Native Peoples in possession of their lands and resources would condemn America to a forever wilderness and that solving the “Indian problem” required subordination of Native Americans as “wards of the state.”

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D.C. Circuit Rejects Oglala Sioux Tribe Challenge to Uranium Mine

Here is the opinion in Oglala Sioux Tribe v. Nuclear Regulatory Commission.

Briefs:

Prior post here.

D.C. Circuit Rejects Oglala Sioux Tribe Challenge to Uranium Mine

Here is the opinion in Oglala Sioux Tribe v. Nuclear Regulatory Commission.

Briefs:

Prior post here.

Ninth Circuit Materials in Fallon Paiute-Shoshone Tribe v. Department of the Interior

Here are the briefs:

Washington SCT Restores Yakama Nation’s Challenge to Yakima County Land Use Decision that would Disturb Cemeteries

Here is the opinion in Confederated Tribes and Bands of the Yakama Nation v. Yakima County:

Opinion

U.S. Atomic Safety and Licensing Board Rejects Oglala Sioux Tribe Challenge to Uranium Mine

Here is the order in In re Powertech (USA):

in-re-powertech.pdf

News coverage here.

OHA statement on yesterday’s arrest of kūpuna and others on Maunakea

The arrests Wednesday morning happened at the base of Mauna Kea, where an estimated 1,000 Maunakea Kai’i have gathered to try to block construction of the Thirty Meter Telescope (“TMT”). Despite the 33 arrests, the protest at the base of the summit has remained peaceful. Governor Ige of Hawai’i declared a state of emergency following the arrests.

OHA Statement here: “The Native Hawaiian community weeps today.”

State of Hawai’i Emergency Proclamation – Mauna Kea.

More news here.

 

 

 

Conflict on Mauna A Wakea

Hawaii News Now

Video ‘Conflict of Mauna Kea,’ a timeline exploring the history of tension over the Thirty Meter Telescope.

Updates here.

Office of Hawaiian Affairs

Mauna Kea.

OHA testimony on the Mauna Kea admin rules.

Draft rules from UH.

Department of Land and Natural Resources

Documents relating to the Thirty Meter Telescope.

Mauna Kea FAQ.

State of Hawai’i, Office of Hawaiian Affairs: “Mauna Kea is a deeply sacred place that is revered in Hawaiian traditions. It’s regarded as a shrine for worship, as a home to the gods, and as the piko of Hawaiʻi Island.

Mauna Kea is also a critical part of the ceded lands trust that the State of Hawaiʻi must protect and preserve for future generations, pursuant to its kuleana as a trustee.

Despite four state audits and generations of Native Hawaiians expressing concern about the threats to Mauna Kea, the state and the University of Hawaiʻi have continuously neglected their legal duties to adequately manage the mountain. Instead, they have prioritized astronomical development at the expense of properly caring for Mauna Kea’s natural and cultural resources.”

Dispute Between Muscogee and Poarch Creek Regarding Poarch Creek’s Construction of its Casino on Sacred Grounds

Here are the initial materials in the litigation between Muscogee Creek and Poarch Creek alleging the latter Tribe’s construction of a casino on sacred grounds:

Motion for Leave to File Amended Complaint

Amended Complaint & Exhibits

Are Elfin Sites More Sacred to Icelanders than Native Sacred Sites are to Americans?

Yes, it appears.

Former U.S. Attorney Kris Olsen has this piece titled “Indigenous Rights? Of Hiddenfolk and Native People” in the Oregon State Bar Bulletin.