The answer to will SCOTUS save the San Francisco Peaks (from having treated waste-water snow sprayed on what several Native American tribes consider holy ground) is apparently “no”.

“The U.S. Supreme Court today denied certiorari in Navajo Nation v. Forest Service, (Docket No. 08-846). (Order List.) The 9th Circuit in the case held in an 8-3 en banc decision, that the Religious Freedom Restoration Act does not bar the Forest Service from approving the use of recycled waste water to make artificial snow at Arizona’s Snowbowl ski resort, which operates on federal land.”

The Save the Peaks coalition have released a statement on the decision.

“The Supreme Court’s denial of certiorari in the Navajo Nation case is unfortunate to say the least.” Stated Jack Trope of the Association on American Indian Affairs who is working together with DNA Legal Services, representing the Hualapai Tribe, Navajo medicine practitioner Norris Nez and Hopi spiritual practitioner Bill Preston. “It means that the San Francisco Peaks, sacred to so many tribes, will continue to be at great risk from the development approved by the Forest Service that allows treated sewage water to be used for snowmaking. It also means that the Ninth Circuit’s narrow interpretation of the Religious Freedom Restoration Act (RFRA) – an interpretation which in practice will make that law virtually unavailable to protect sacred lands in the states covered by the Ninth Circuit – will stand.”

This is a big deal. It means that questions of how we approach issues of religious freedom and religious rights on land that is a traditional cultural property under U.S. law are dramatically altered (within 9th Circuit jurisdiction). Perhaps the Forest Service have been intentionally dragging their feet in getting the San Francisco Peaks on the National Register because they didn’t want tribal considerations interfering with their sweetheart deals involving the Snowbowl resort?

“The San Francisco Peaks are recognized as a Traditional Cultural Property, although the Forest Service began the designation process several years ago, it has not yet been finished. The Peaks have also been determined eligible for listing on the National Register of Historic Places, yet the FS has done nothing to finish the process.”

At this point, nothing short of direct intervention from the Obama administration can halt the planned development (which includes clear-cutting 74 acres of rare alpine ecosystem & creating a 14.8 mile long pipeline up the San Francisco Peaks to a 10 million gallon storage pond). In the meantime, there is a chance this issue could come to SCOTUS again, due to different Federal Circuit Courts having different interpretations on the limits of the the Religious Freedom Restoration Act.

“This is a setback, but it is not the end. The Obama Administration still has the authority to stop this development and develop policies to ensure that future decisions are more respectful of sacred sites.” stated Jack F. Trope, Executive Director, Association on American Indian Affairs. “Moreover, other circuits like the Tenth Circuit have interpreted RFRA more broadly and efforts to use that law to protect other sacred places will continue. Finally, the struggle over the San Francisco Peaks and the failure of RFRA to protect this sacred place ought to send the message to Congress that it is time for the lawmakers to approve legislation that would strengthen applicable law so that it will better protect Native American sacred places across the country.”

From a moral and religious standpoint, the question remains, how much responsibility does the Federal government have towards protecting and maintaining sacred lands they have seized from Native tribes? It is an issue we need to wrestle with, because if the government and courts rejects pantheist religious views as valid when considering development, we may lose the right to protect other places from desecration in the future. As for the San Francisco Peaks issue, don’t expect the tribes to go quietly now that judicial recourse has been denied them.

“Our way of life is in peril. We will continue to pray and struggle to safeguard mother earth for our cultural survival.”

I doubt this will be the last time I’ll have to report on this matter.

The Supreme Court is holding a private conference this Thursday to decide if they will review a recent decision in the ongoing legal battle between a coalition of 13 Native American Tribal Nations (and various environmental groups) and the National Forest Service (and a ski resort) over the use of treated (but non-potable) wastewater snow on the San Francisco Peaks. A mountain range that the tribes consider sacred land, and that using waste-water on it would be “like putting death on the mountain”. The Obama administration is opposing review of the case, while the petitioners want to remind the government that they have a sacred responsibility towards the land they took from the tribes.

“It is worth remembering that our government took the Peaks from petitioner tribes. It placed the tribes on reservations and pledged to respect their cultures and traditions. It is hardly implausible that Congress passed a law in 1993 providing under these rare circumstances that the tribes’ religious liberty should be respected.”

So far, lawyers and judges haven’t been very respectful towards the tribes opposed to pumping wastewater onto sacred land just so a single ski resort can stay open longer. A Ninth Circuit judge said is was merely a case of “damaged spiritual feelings”, while government lawyers have been outright insulting towards Native belief systems.

“Courtroom observers were dismayed by the lack of cultural sensitivity on the part of government lawyers. After a witness described how the spraying of wastewater to make artificial snow would defile the sanctity of medicinal plants gathered on the mountain, a government lawyer asked if the medicine man knew he could purchase herbs at health food stores. A government lawyer also questioned a witness by going down a long list of sacred sites one by one and asking if a particular site was on federal land. In each case, the witness, a Hopi man, humbly replied, “I don’t know.” Eventually, the witness told the lawyer that his culture doesn’t view land in that way, that there is no concept of land ownership. The lawyer did not acknowledge his statement in any way, but instead went back to the list, unapologetically asking the same questions in the same manner.”

You have to wonder if Barack “Black Eagle” Obama of the Crow Nation knows and approves of what Elena Kagan and the Department of Justice are doing in his administration’s name. Will it damage his popularity among Native American Indians, many of whom supported him in the 2008 elections? If SCOTUS decides to hear the appeal, will it be on a Supreme Court that includes Sonia Sotomayor, a judge who is a seeming advocate for the rights of minority religions?

In 1994, Judge Sotomayor ruled in favor of two prisoners who claimed to practice Santeria, a Caribbean religion that involves animal sacrifice and voodoo, saying that “distinctions between ‘traditional’ and ‘non-traditional’ religions” are “intolerable.”

Whether SCOTUS decides to hear the appeal or not, it could have lasting implications regarding the application of the Religious Freedom Restoration Act, and questions of how we approach issues of religious freedom and religious rights when the land itself is sacred and holy. I’m hoping SCOTUS doesn’t decide to punt on this one, and allows the case to be heard. If not, I guess “screw your sacred land, we want to ski” will be the rallying cry of our government and court system. For more information on this case, check out the round-up of official documents regarding this case at the SCOTUS Blog. You may also want to peruse the official Save The Peaks site.

On Friday Reclaiming activist Tristan Anderson was critically injured at a demonstration against Israel’s separation barrier (called the “Apartheid Wall” by activists, and deemed a breech of international law by the ICJ) in the West Bank village of Ni’lin. Anderson was shot in the head by a high-velocity tear gas canister. According to the Israeli military the canisters were fired in response to thrown rocks, witnesses on the scene say that Anderson was not near, and took no part in any violent action. A video of the shooting has been posted to YouTube (warning: the images are bloody and disturbing).

“Tristan Anderson from California USA, 37 years old, has been taken to Israeli hospital Tel Hashomer, near Tel Aviv. Anderson was unconscious and bleeding heavily from the nose and mouth. He sustained a large hole in the right part of his forehead where he was struck by a tear gas canister. The heavy impact from the tear gas canister being shot directly at him, from about 60 meters, also caused severe damage to his right eye, which he may lose. Tristan underwent brain surgery in which part of his right frontal lobe and shattered bone fragments were removed. As of 16 March, Tristan is in stable condition, has been taken to the neurological department and is in intensive care.”

Currently, Anderson’s condition has improved somewhat, though the long-term effects of his brain injury at this point are unknown. Supporters of Anderson in the Bay Area are holding a demonstration in solidarity with his efforts today, and Reclaiming co-founder Starhawk has released a statement concerning the incident.

“Tristan is always there, at every demonstration, every mobilization, every fight for justice. He has always seemed fearless to me, with that young man’s confidence in his physical body that I now envy. He’s not so young—thirty-eight, still, I have twenty years on him and he seems young to me, strong, hardy, willing to sit in a tree for months to protect a grove of oaks at UC Berkeley, willing to camp out and show up early to clean out the convergence space, to eat bad pasta and dumpster-dived vegetables for weeks on end. Tall, slim, with dark eyes and olive skin, and a sharp, aquiline nose that starts off in one direction, then changes its mind and heads in another, he comes regularly to our rituals as well as actions, and helps build the North altar every year at the Spiral Dance. Softspoken, unassuming, more than anyone else I know he embodies a certain ideal of rigorous equality, never pulling rank nor trumpeting his considerable street cred, never asking for attention, simply showing up again and again and pitching in to get the work done.”

Tristan Anderson’s parents are hoping to return him to America as soon as he’s well enough to be moved. For more background on why Anderson was in Ni’lin, this blog links to a fact-sheet put out by an anti-barrier organization. I understand that the issues of land and sovereignty in Israel and the Palestinian territories are one of those “third rail” topics that can lead to heated and incendiary rhetoric from both sides (indeed, some commenters on the web are already calling Anderson a terrorist sympathizer who got what he deserved), but when (by all accounts) peaceful activists are getting shot I think we need to acknowledge that something fundamental in the process of dialogue and finding a mutual resolution has broken down. The answer to this tragedy can’t be “protestors shouldn’t protest” or sweeping generalizations about either side in this conflict. We can only hope that leaders on both sides eventually find a way through the endless cycles of violence to some sort of lasting peace accord.

Note: I know this is going to be a controversial topic, so I want everyone to keep it reasoned and polite in the comments. Any sign that someone on either side is about to enter Godwin’s Law territory, engage in racist bromides (subtle or not) concerning Israelis or Palestinians, or anything resembling “he got what he deserved” regarding a man with a traumatic brain injury will find themselves off this thread and their comments deleted.

MagickTV has posted video coverage of the pre-inaugural “Ritual of Unity and Blessing” in Washington D.C. that I reported on earlier this month. This includes an hour-long video of the ritual itself, and interviews with the organizers.

Above, the ritual.

Above, the interviews.

Thanks to MagickTV and Ed Hubbard for providing this first-hand coverage of the event. While I know it’s somewhat fashionable to poke fun at the Witch School folks, they really deserve a hats-off for their efforts to provide Pagan journalism with some first-rate source material. Be sure to also check out their recent coverage of the Livingston Parish win. If you have a YouTube account, I highly recommend subscribing to MagickTV’s channel.

Inaugural fever is heating up in Washington DC, and millions of people are expected to be on hand for Barack Obama’s inauguration. Since all those people won’t fit into (or weren’t invited to) the 10 official balls the Obamas will be attending, several lobbies, special interest groups, and private citizens are throwing their own bashes (with varying degrees of fabulousness).  Unsurprisingly, Pagans, who overwhelmingly supported Obama in the election, are getting in on the action. The day before the inauguration, a group of Pagans and magical/spiritual progressives will be gathering at the Jefferson Memorial to do some cleansing spell-work (and since these are Pagans, have a drum-jam).

The Washington, D.C. community of magical and spiritual progressives will join together on Monday afternoon, January 19th, at the Jefferson Memorial Plaza to sweep the town clean and welcome President-elect Obama and his administration to the White House. The Ritual of Unity and Blessing is organized by a triumvirate of native Washingtonians, one of whom is the great-granddaughter of slaves, one the great-granddaughter of slave owners, and one the daughter of a populist New Deal Congressman.  The ceremony will begin promptly at 2pm with a Witches’ Broom Dance, intended to cleanse Washington of the malfeasance, deceit and partisanship of the last eight years.

The main organizers of the event are Pagan activist Caroline Kenner (who organized the Veterens’ Pentacle win rally), Wiccan Priestess Katrina Messenger, founder of Connect DC, and Caroline W. Casey, founder of Coyote Network News. The main ritual will culminate in the charging of an obelisk-shaped crystal (like the Washington Monument) that will be dropped into (”sacrificed to”) the Tidal Basin so that its energies can “broadcast” over the festivities on the 20th. For more details check, here, after January 9th.

Speaking of the Washington Monument, obelisks, and broadcasting energies, some of you might be interested to learn that there will be an official Masonic Inagural Ball (the first ever, or at least the first one ever publicly announced) taking place on January 20th.

While other inauguration balls are costing $125-$500 or more per ticket, we’ve arranged for an evening with some amazing food, a great DJ, and brotherhood, all for $65 per ticket, we’ve also included an incentive to help pay the baby sitter, couples may go for just $120 a piece. All proceeds from this event will be donated to the Masonic Foundation of the District of Columbia.

I know there has been something of a mini-renaissance of younger people (and sometimes esotericly-inclined practitioners) joining up with the Freemasons in recent years, so this might be a good way to attend a ball and do some networking (cash bar though, pity). I’m surprised this hasn’t happened before considering the rich history of Masonic US Presidents.

If you have any information of any other Pagan, esoteric, occult, or magical events taking place over the inaugural weekend, feel free to plug them in the comments.

A story I have been covering for some time, the saga of a ski resort wanting to spray (treated) wastewater snow on the San Francisco Peaks, may be entering its final act. The snow-makers are being fought by a coalition of 13 Native American Tribal Nations who feel the act of spraying treated waste-snow is a blashpemy on par with “pouring dirty water on the Vatican”. Since 2005 the coalition have endured ignorant insults from lawyers, courtroom wins, and courtroom losses. Now the case is being appealed before the Suprem Court for a final say.

American Indian tribes are asking the U.S. Supreme Court to review a lower court’s decision that allows for snow-making on an Arizona peak the tribes consider sacred. In their petition filed Monday, the tribes contend the use of treated wastewater to make snow at Arizona Snowbowl violates the Religious Freedom Restoration Act and could contaminate natural resources.

In the most recent ruling, the Court found that using reclaimed sewer water to make snow for skiing on an admittedly sacred site posed no ’substantial burden’ on the Plaintiffs’ exercise of religion in this case. According to the Court, the “only effect of the proposed upgrades is on the Plaintiffs’ subjective, emotional religious experience. That is, the presence of recycled wastewater on the Peaks is offensive to the Plaintiffs’ religious sensibilities…the diminishment of spiritual fulfillment – serious though it may be – is not a ’substantial burden’ on the free exercise of religion.” The Court dismissed Plaintiffs’ religious beliefs as calling them mere “damaged spiritual feelings.”

Word has reached us here that three members of the Pagan Cluster were arrested at the RNC protests yesterday, and one, Jason (aka Scarecrow), was repeatedly tasered and mobbed by police despite not resisting arrest.

Pagan Cluster member being tasered.

The entire incident has been caught on video and is posted on the KARE 11 web site (warning: this video may not be appropriate for my more sensitive readers). In it, you can count him being tasered at least four times, and that is only what we can see on the video. No doubt the Pagan Cluster is already working to get him out, but I’m sure that prayers and spells of healing and protection would be appreciated.

ADDENDUM: Jason Johnson (aka Scarecrow) is out of prison and has posted his side of the story:

“I was arrested in a peaceful and permitted assembly on Tuesday at the rnc. I was shocked, beaten and terribly hurt before being held for 40 hours in prison with only minutes outside of my cell. with the nature of the atrocity against me, I am writing to request help with building a case against the state.”

He is looking for additional footage of his arrest in order to build a legal case. If you have access to such footage, you can find his contact information at the link above. According to a separate update, he was tasered with four handheld & three protrusion guns, and suffered multiple lacerations to his head, face, and torso.

Heath Status of Oberon Zell-Ravenheart and Patrick McCollum: We start off with the news that two prominent Pagans who have had recent health problems, Oberon Zell-Ravenheart and Patrick McCollum, are both doing much better. Zell-Ravenheart, who was diagnosed with colon cancer, has successfully made it through surgery, and doctors seem confident that the cancer hasn’t spread.

“His surgery was on Friday and it went well; they removed a large section of his descending colon and adjacent mesentery, his doctor is confident that he took out all the cancer and any pre cancerous lymph nodes. He said that he did not see any swollen or discolored nodes. The tissue was all sent to Pathology and we should have the results later this week since the Lab is shut down for the holiday. We will know that the surgeon successfully removed all the cancer when we receive that report. Until then folks the coin is, magickally speaking, still in the air.”

Meanwhile McCollum, who suffered from complications after back surgery, is now out of the hospital and beginning the slow recovery process.

“Patrick was released from hospital this evening, with brace and cane and orders not to leave the house for two days minimum. He will have a long recovery. He remains heavily medicated to relieve intense pain. In spite of these difficulties, Patrick’s recovery has been amazing, no doubt helped in great part by the workings and prayers of many Pagans.”

The friends and family of both McCollum and Zell-Ravenheart request continued prayers and healing work as they recover.

Starhawk and the RNC Police Raids: Since I first reported, more information on warrantless police raids and arrests has emerged in the Twin Cities (including the arrest of journalists). While the RNC has been muted due to Hurricane Gustav, around 20,000 people are protesting outside (and yes, occasionally damaging property). Starhawk continues to post updates on her web site about the protests.

“All day we’ve been getting news that the police have been raiding houses, breaking down doors, arresting people, with or without warrants or warnings. We hold the morning meeting in a public park, because our Convergence Space has been raided and closed the night before. Someone says, “We’re a community that includes children—we can’t clear them out of their own living spaces. Remember if the police raid your space it’s important to have someone negotiate with them to get the children out.” I am a tough person. I’ve been through a lot of these things and in spite of all my efforts to stay open I’ve grown something of my own protective scales. But those words pierce through them, and I find tears welling up in my eyes. It just hits me, that we’re standing here in the United States of America, in the liberal city of my birth, talking about how to protect children from armed police.”

For continuing updates about this issue, check out the Coldsnap Legal Collective web site, their Twitter feed, the Twin Cities IndyMedia site, and Pacifica Radio.

Ellinais Acropolis Protest: Since I first mentioned it a few days ago, Ellinais’s planned (illegal) ritual to Athena at the Acropolis has made international news. Being covered by CNN, ARTINFO, The New York Times, The Guardian, and several others.

“Dressed in crisp white apparel, the pagans gathered before the east wing of the temple’s imposing Corinthian columns and prayed to Athena, the ancient Greek goddess of wisdom and patron of Athens, asking her to protect the Parthenon from further destruction. “Oh, goddess,” roared high priestess Doretta Peppa, her hands extending over an offering of water and olive oil. “We are ready to defend your grounds. “[But] we ask of you to protect this site, this city and its civilization, and to rid it of all evils such as the deconstruction of the Acropolis.” The Greek Culture Ministry forbids ceremonies of any sort at archeological sites. But in January, the pagan revivalists used a second century temple of Zeus in Athens to stage the first known ceremony of its kind in 1,600 years.”

In perhaps a sign that the gods approved, Athena’s father Zeus provided a thunderstorm for the 13-minute ritual. The protest-prayer comes in the wake of plans for a massive new Acropolis Museum which the remaining Acropolis statues will be moved into. Ellinais priestess Doretta Peppa calls the new structure an “architectural monstrosity” that will erode Greek culture.

“The new museum,” Peppa said, “is a monumental eyesore, an architectural monstrosity within the most traditional and archeologically-rich part of Athens. It is an insult to our heritage, and if we start deconstructing our monuments for the sake of filling up a museum, then what will we be left with?”

Greek officials are hoping the new space will boost tourist income and pressure the British government to release the Elgin Marbles, which they claim were obtained illegally, back to Greece.

As St. Paul, Minnesota, gears up to host the Republican National Convention, local law enforcement agencies are engaging in a series of draconian crack-downs on local activist centers and homes (including the local homeless-feeding Food Not Bombs chapter) in hopes of intimidating groups planning to protest the convention. Pagan author and activist Starhawk, who is there with the Pagan Cluster to protest, files this report on the raids.

“One by one, protesters trickle out. Now we get more pieces of the story. The cops burst in, with no warning. They pulled drew their guns on everyone—including a five year old child who was there with his mother, forced everyone down on the floor. It was terrifying. They had a warrant, apparently, from the county, not the city, to search for ‘bomb making materials.’ They were searching everyone in the building, then one by one releasing them as they found nothing. They continue to find nothing, as we wait through long hours … And now it’s morning. I wake up to the news that cops have been raiding houses where activists are staying, bursting in with the same bogus warrant and arresting people, including a four year old child. They’ve arrested people at the Food Not Bombs house—a group dedicated to feeding protesters and the homeless. They’ve arrested others, presumably just for being in the wrong place at the wrong time.”

Looking at the latest from progressive news-wires, it is clear that a campaign of harassment and intimidation is being employed to stifle protest, and find members of the anarchist “RNC Welcoming Committee” that are planning to “crash” the convention on the first day. Bruce Nestor of the National Lawyer’s Guild says the raids are politically motivated sweeps that are unique in Minnesota’s history.

“We’re not in this country yet where we’re having mass detentions of people like this, so it really is about sending a message. I think what it really is designed to do is to send a message to people who agree with some of the viewpoints of people organizing activity and to say – you know what? You can write an email, it’s okay to write a letter, to vote, but don’t go out in the street, don’t organize public activity, because do you want us bursting into your house? Do you want to be associated with people who are getting arrested? It’s designed to somehow say these aren’t citizens engaged in the exercise of political freedom, but that they’re kooks, they’re freaks, they’re dangerous, stay away from them, don’t get involved.”

Starhawk is asking people to call the mayors of Minneapolis and St. Paul to protest the treatment of non-violent protesters by law enforcement officials. If things keep going in this direction, it may make the actions against protesters in Denver look quaint by comparison. Are these harbingers of the McCain/Palin ticket? After all what does a president who cozies up to Christian conspiracy theorists, equates his opponent with the Antichrist, and appoints a VP with dominionist ties care if some Pagans, anarchists, hippies, and progressives get locked up, harassed, and have their civil rights suspended?

A story I have been following since 2005 has had a new development. The United States Court of Appeals for the Ninth Circuit has overturned a panel decision restricting the use of treated wastewater snow on the San Francisco Peaks by an Arizona ski resort.

“A federal appeals court has ruled that a ski resort’s plan to use recycled wastewater for making snow would not violate the religious freedom of Indian groups who had claimed that the practice would be blasphemous to a mountain they hold sacred. The United States Court of Appeals for the Ninth Circuit, ruling in a lawsuit against the Arizona Snowbowl near Flagstaff that was filed by 13 tribes and the Sierra Club, overturned a ruling by a smaller panel of the court that said the plan would violate the Religious Freedom Restoration Act.”

The Appeals Court showed a sadly typical attitude of indifference and lack of understanding in this case, claiming that the only thing being damaged were the Indian’s “feelings”.

“In the most recent ruling, the Court found that using reclaimed sewer water to make snow for skiing on an admittedly sacred site posed no ’substantial burden’ on the Plaintiffs’ exercise of religion in this case. According to the Court, the “only effect of the proposed upgrades is on the Plaintiffs’ subjective, emotional religious experience. That is, the presence of recycled wastewater on the Peaks is offensive to the Plaintiffs’ religious sensibilities…the diminishment of spiritual fulfillment – serious though it may be – is not a ’substantial burden’ on the free exercise of religion.” The Court dismissed Plaintiffs’ religious beliefs as calling them mere ‘damaged spiritual feelings.’”

But defiling a sacred mountain so people can ski more often is more than about “damaged spiritual feelings”, it throws entire religious systems into turmoil.

“In a time when the Hopi Katsina Spirits have answered our prayers for rain and happiness, Coconino [National Forest] has placed a dagger in the Hopis’ spirituality,” – Leigh Kuwanwisiwma, director of the Hopi Cultural Preservation Office

“The San Francisco Peaks is the essence of who we are… and is the Holy House of our sacred deities whom we pray to and give our offerings,” – Joe Shirley Jr., President, Navajo Nation

“It’s like putting death on the mountain … I won’t be able to practice my religion.” – Frank Mapatis, Hualapai spiritual leader

But hey, screw their religion and culture, Snowbowl wants more snow! Needless to say, lawyers for the tribes and the Sierra Club plan on appealing this decision to the Supreme Court. We can only hope that thousands of years of tradition and faith (not to mention good environmental judgment) overcome the desire for one business to make some more money.