FCNL CONTINUES TO OPPOSE APPELLATE APPOINTMENT OF WILLIAM MYERS
President Bush has nominated William G. Myers III for a lifetime appointment to the 9th Circuit Court of Appeals, which covers seven western states, Alaska, and Hawaii. Rulings from the 9th Circuit can affect the authority of tribal governments and the lives of millions of indigenous people.Myers's disregard for sacred sites and consultation greatly concern Indian Country. Myers is the first and only judicial nominee opposed by the National Congress of American Indians (NCAI) in the history of the organization. FCNL opposes judicial nominees rarely and reluctantly, but we are concerned about the record of this nominee and stand with over 170 other organizations in opposing Myers, whose nomination is still under consideration by the Senate.The confirmation of Myers was set back when 14 moderate senators worked out a compromise to protect the filibuster: under the compromise three nominees were guaranteed up or down votes on the floor of the Senate, while others, including Myers, can be filibustered.
WHY THE OPPOSITION?
In the view of numerous religious, civil rights, and environmental organizations, William G. Myers III is unqualified. He also has shown an exceptional disregard for Native concerns. As Solicitor General at Interior, Myers was supposed to watch out for Native Americans rights. Instead, he reversed the efforts of the former administration to work out compromises to protect sacred sites. Sacred places are central to ancient connections and ceremonies for native spirituality and religions just as they are for Christians, Jews, Muslims, Hindus, and others.
FCNL supports protection of sacred places and fairness to people who historically have been mistreated. We have sent letters to each senator expressing our concerns about the nomination of William Myers, see FCNL's statement:
http://www.fcnl.org/issues/item.php?item_id=1411&issue_id=111
At Interior, Myers favored mining interests over sacred site concerns to the point that he ignored his legal obligations to consult with several tribes. In California, a mining company wanted to establish a 1,571 acre open pit mine on the Quechan Tribe's sacred grounds. In the process of making his legal decision Myers met numerous times with mining interests, who he had previously represented in the private sector, but never convened a meeting with tribal governments. The lack of consultation with the Quechan and other tribes breeched a Presidential memorandum, certified in 1994, which calls for government-to-government consultation in all interactions between the federal government and tribal governments "to ensure that the rights of sovereign Tribal governments are fully respected." In addition, in1996, President Clinton issued an Executive Order that requires federal agencies to avoid causing unnecessary harm to sacred sites and to assure access to and use of them by Native American practitioners.
SUPREME COURT VICTORY FOR RELIGIOUS FREEDOM
The Supreme Court ruled unanimously in late May for a religious freedom position that FCNL supported in court. Native Americans uniquep ractices, such as sweat lodges, and the freedom to exercise spiritual and religious ceremonies are protected for people in prison by a new federal law, the Religious Land Use and Institutionalized Persons Act(RLUIPA). After the act was challenged in court by Ohio prison officials, the Coalition of the Free Exercise of Religion filed a brief on behalf of Ohio inmates who are not part of traditionally recognized, mainstream religions and hence are discriminated against by prison officials. FCNL is part of that coalition, which earlier supported the enactment of RLUIPA and now defended its constitutionality in an Amicus Curiae (friend of the court) brief. Quakers concerned about indigenous people view this victory as of great importance for native spiritual practices for those imprisoned in the U.S. because state prisons must accommodate inmate religions.
BACKGROUND.
The Supreme Court upheld the constitutionality of theReligious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and ruled that on its face it does not violate the establishment clause.RLUIPA protects the free exercise of religion "where State and local governments seek to impose a substantial burden on the religious exercise of persons residing or confined to certain institutions." The ruling guarantees the free exercise and equality of minority religions in state and local prisons, and other institutions, as practiced byNative Americans and other ethnic and religious groups. Prior to RLUIPA and similar legislation, Native American religious practitioners' use of sweat lodges, use of cultural objects, and other ceremonies fundamental to the practice of native religion were often restricted or forbidden by prison authorities. FCNL joined over fifty other organizations in signing onto an amicus brief urging the court to uphold RLUIPA. The attorneys who drafted the brief are from the Becket Fund for Religious Liberty and the Baptist Joint Committee.
TELECOMMUNICATIONS IN INDIAN COUNTRY
The Native American Connectivity Act (S 535), introduced by Sen. Inouye (HI), is designed to develop telecommunications capacity in Indian County by awarding grant money to innovative tribal programs. If passed, the legislation will help tribes address the telecommunications challenges of their specific communities. Some tribes such as the Navajo still lack easy access to telephone service due to the rural nature of their land and to poverty. Many tribes are confronting the digital age and the gaps in their infrastructure; they need training and technical assistance to build expertise. Tribes could also use grants to study and implement long-term strategies regarding telemedicine or distance learning. Tribes that have more advanced telecommunications could conduct business feasibility studies to find economic development opportunities. S 535 represents a small step towards the larger goal of bringing telecommunications access and capacity in Indian Country up to the national norm.
BACKGROUND.
The lack of access to affordable telecommunications inIndian Country is a continuing detriment to the safety and quality oflife of tribal members and the growth of economic development on reservations. Amongst tribal members of federally recognized tribes living on a reservation, only 68% have home telephone service and only10% have internet access. Nationally, 95% of Americans have telephones in their households. The low levels of telephone and internet service in native households are attributable to geography and the low standard of living on many reservations. Hundreds of tribes reside in rural areas with scattered populations making it too expensive to hook up land lines and too remoteto receive reliable cellular service. Tribal communities have higher rates of unemployment (12.4%, over twice the national rate) and much higher rates of individuals living below the poverty line (23.2 percentof all Native Americans live below the poverty line compared to 12.1 percent of the population nationally).
Read more from FCNL on the stateof telecommunications in Indian Country,
http://www.fcnl.org/issues/item.php?item_id=1364&issue_id=110
WHY THE OPPOSITION?
In the view of numerous religious, civil rights, and environmental organizations, William G. Myers III is unqualified. He also has shown an exceptional disregard for Native concerns. As Solicitor General at Interior, Myers was supposed to watch out for Native Americans rights. Instead, he reversed the efforts of the former administration to work out compromises to protect sacred sites. Sacred places are central to ancient connections and ceremonies for native spirituality and religions just as they are for Christians, Jews, Muslims, Hindus, and others.
FCNL supports protection of sacred places and fairness to people who historically have been mistreated. We have sent letters to each senator expressing our concerns about the nomination of William Myers, see FCNL's statement:
http://www.fcnl.org/issues/item.php?item_id=1411&issue_id=111
At Interior, Myers favored mining interests over sacred site concerns to the point that he ignored his legal obligations to consult with several tribes. In California, a mining company wanted to establish a 1,571 acre open pit mine on the Quechan Tribe's sacred grounds. In the process of making his legal decision Myers met numerous times with mining interests, who he had previously represented in the private sector, but never convened a meeting with tribal governments. The lack of consultation with the Quechan and other tribes breeched a Presidential memorandum, certified in 1994, which calls for government-to-government consultation in all interactions between the federal government and tribal governments "to ensure that the rights of sovereign Tribal governments are fully respected." In addition, in1996, President Clinton issued an Executive Order that requires federal agencies to avoid causing unnecessary harm to sacred sites and to assure access to and use of them by Native American practitioners.
SUPREME COURT VICTORY FOR RELIGIOUS FREEDOM
The Supreme Court ruled unanimously in late May for a religious freedom position that FCNL supported in court. Native Americans uniquep ractices, such as sweat lodges, and the freedom to exercise spiritual and religious ceremonies are protected for people in prison by a new federal law, the Religious Land Use and Institutionalized Persons Act(RLUIPA). After the act was challenged in court by Ohio prison officials, the Coalition of the Free Exercise of Religion filed a brief on behalf of Ohio inmates who are not part of traditionally recognized, mainstream religions and hence are discriminated against by prison officials. FCNL is part of that coalition, which earlier supported the enactment of RLUIPA and now defended its constitutionality in an Amicus Curiae (friend of the court) brief. Quakers concerned about indigenous people view this victory as of great importance for native spiritual practices for those imprisoned in the U.S. because state prisons must accommodate inmate religions.
BACKGROUND.
The Supreme Court upheld the constitutionality of theReligious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and ruled that on its face it does not violate the establishment clause.RLUIPA protects the free exercise of religion "where State and local governments seek to impose a substantial burden on the religious exercise of persons residing or confined to certain institutions." The ruling guarantees the free exercise and equality of minority religions in state and local prisons, and other institutions, as practiced byNative Americans and other ethnic and religious groups. Prior to RLUIPA and similar legislation, Native American religious practitioners' use of sweat lodges, use of cultural objects, and other ceremonies fundamental to the practice of native religion were often restricted or forbidden by prison authorities. FCNL joined over fifty other organizations in signing onto an amicus brief urging the court to uphold RLUIPA. The attorneys who drafted the brief are from the Becket Fund for Religious Liberty and the Baptist Joint Committee.
TELECOMMUNICATIONS IN INDIAN COUNTRY
The Native American Connectivity Act (S 535), introduced by Sen. Inouye (HI), is designed to develop telecommunications capacity in Indian County by awarding grant money to innovative tribal programs. If passed, the legislation will help tribes address the telecommunications challenges of their specific communities. Some tribes such as the Navajo still lack easy access to telephone service due to the rural nature of their land and to poverty. Many tribes are confronting the digital age and the gaps in their infrastructure; they need training and technical assistance to build expertise. Tribes could also use grants to study and implement long-term strategies regarding telemedicine or distance learning. Tribes that have more advanced telecommunications could conduct business feasibility studies to find economic development opportunities. S 535 represents a small step towards the larger goal of bringing telecommunications access and capacity in Indian Country up to the national norm.
BACKGROUND.
The lack of access to affordable telecommunications inIndian Country is a continuing detriment to the safety and quality oflife of tribal members and the growth of economic development on reservations. Amongst tribal members of federally recognized tribes living on a reservation, only 68% have home telephone service and only10% have internet access. Nationally, 95% of Americans have telephones in their households. The low levels of telephone and internet service in native households are attributable to geography and the low standard of living on many reservations. Hundreds of tribes reside in rural areas with scattered populations making it too expensive to hook up land lines and too remoteto receive reliable cellular service. Tribal communities have higher rates of unemployment (12.4%, over twice the national rate) and much higher rates of individuals living below the poverty line (23.2 percentof all Native Americans live below the poverty line compared to 12.1 percent of the population nationally).
Read more from FCNL on the stateof telecommunications in Indian Country,
http://www.fcnl.org/issues/item.php?item_id=1364&issue_id=110
posted by T. Scott Brineman at 10:26 AM
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