Dispute

Catholic advocates petition New York foundation to fund pensions, church preservation #Catholic St. Joseph Cathedral, Buffalo, New York. / Credit: CiEll/Shutterstock CNA Staff, Nov 20, 2025 / 10:40 am (CNA). Advocates in New York state are petitioning a Catholic foundation there to help fund major pension shortages and church preservation efforts as well as to help support victims of clergy sex abuse.In a Nov. 13 letter to the Mother Cabrini Health Foundation in New York City, representatives of the group Save Our Buffalo Churches, sexual abuse victims, and pensioners of the former St. Clare’s Hospital asked the foundation to help the three communities with the “profound hardship” they are experiencing.Numerous parishes in Buffalo have been fighting diocesan-mandated closures and mergers over the past year. Hundreds of former workers of St. Clare’s, meanwhile, saw their pensions reduced or eliminated starting in 2018 due to major shortfalls. The hospital itself closed about a decade before.Abuse victims, meanwhile, have “been locked in a legal morass, denied the long-term healing resources and institutional acknowledgment of the harm they endured,” the letter said.The foundation arose in 2018 after the Diocese of Brooklyn sold the health insurer Fidelis Care. The organization, whose roughly $3.2 billion in assets came from that sale, is named after Mother Frances Xavier Cabrini, the first American recognized as a saint, who founded the Missionary Sisters of the Sacred Heart of Jesus.The letter noted that Cabrini “devoted her life to the people others overlooked,” including immigrants and the poor.“Guided by that legacy, we ask the foundation to explore emergency relief, stabilization funds, and community support initiatives” to help fund the three groups.The letter-writers asked for a meeting with foundation leaders “to explore potential pathways for assistance aligned with both the foundation’s mission and the pressing needs of survivors, pensioners, and parish communities.”Mary Pruski, who leads the Save Our Buffalo Churches group, told CNA that advocates in New York City would be following up with the foundation this week.“This is a complex project and will bring much peace and healing across [New York state],” she said.Pensioners with St. Clare’s Hospital are currently in the midst of a lawsuit brought by New York state against the Diocese of Albany for what the state attorney general’s office says was “[failure] to adequately fund, manage, and protect hospital employees’ hard-earned pensions.”The prosecutor’s office alleges that the diocese “[failed] to take adequate measures” to secure the pension fund, including “failing to make any annual contributions to the pension for all but two years from 2000 to 2019 and hiding the collapse of the pension plan from former hospital workers who were vested in the plan.”Parishioners in Buffalo, meanwhile, have challenged the diocesan parish merger and closure plan, with advocates securing a reprieve against the diocese at the state Supreme Court in July.The state high court ultimately tossed the lawsuit out in September, ruling that the court had no jurisdiction over the dispute.
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Catholic advocates petition New York foundation to fund pensions, church preservation #Catholic St. Joseph Cathedral, Buffalo, New York. / Credit: CiEll/Shutterstock CNA Staff, Nov 20, 2025 / 10:40 am (CNA). Advocates in New York state are petitioning a Catholic foundation there to help fund major pension shortages and church preservation efforts as well as to help support victims of clergy sex abuse.In a Nov. 13 letter to the Mother Cabrini Health Foundation in New York City, representatives of the group Save Our Buffalo Churches, sexual abuse victims, and pensioners of the former St. Clare’s Hospital asked the foundation to help the three communities with the “profound hardship” they are experiencing.Numerous parishes in Buffalo have been fighting diocesan-mandated closures and mergers over the past year. Hundreds of former workers of St. Clare’s, meanwhile, saw their pensions reduced or eliminated starting in 2018 due to major shortfalls. The hospital itself closed about a decade before.Abuse victims, meanwhile, have “been locked in a legal morass, denied the long-term healing resources and institutional acknowledgment of the harm they endured,” the letter said.The foundation arose in 2018 after the Diocese of Brooklyn sold the health insurer Fidelis Care. The organization, whose roughly $3.2 billion in assets came from that sale, is named after Mother Frances Xavier Cabrini, the first American recognized as a saint, who founded the Missionary Sisters of the Sacred Heart of Jesus.The letter noted that Cabrini “devoted her life to the people others overlooked,” including immigrants and the poor.“Guided by that legacy, we ask the foundation to explore emergency relief, stabilization funds, and community support initiatives” to help fund the three groups.The letter-writers asked for a meeting with foundation leaders “to explore potential pathways for assistance aligned with both the foundation’s mission and the pressing needs of survivors, pensioners, and parish communities.”Mary Pruski, who leads the Save Our Buffalo Churches group, told CNA that advocates in New York City would be following up with the foundation this week.“This is a complex project and will bring much peace and healing across [New York state],” she said.Pensioners with St. Clare’s Hospital are currently in the midst of a lawsuit brought by New York state against the Diocese of Albany for what the state attorney general’s office says was “[failure] to adequately fund, manage, and protect hospital employees’ hard-earned pensions.”The prosecutor’s office alleges that the diocese “[failed] to take adequate measures” to secure the pension fund, including “failing to make any annual contributions to the pension for all but two years from 2000 to 2019 and hiding the collapse of the pension plan from former hospital workers who were vested in the plan.”Parishioners in Buffalo, meanwhile, have challenged the diocesan parish merger and closure plan, with advocates securing a reprieve against the diocese at the state Supreme Court in July.The state high court ultimately tossed the lawsuit out in September, ruling that the court had no jurisdiction over the dispute.

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St. Joseph Cathedral, Buffalo, New York. / Credit: CiEll/Shutterstock

CNA Staff, Nov 20, 2025 / 10:40 am (CNA).

Advocates in New York state are petitioning a Catholic foundation there to help fund major pension shortages and church preservation efforts as well as to help support victims of clergy sex abuse.

In a Nov. 13 letter to the Mother Cabrini Health Foundation in New York City, representatives of the group Save Our Buffalo Churches, sexual abuse victims, and pensioners of the former St. Clare’s Hospital asked the foundation to help the three communities with the “profound hardship” they are experiencing.

Numerous parishes in Buffalo have been fighting diocesan-mandated closures and mergers over the past year. Hundreds of former workers of St. Clare’s, meanwhile, saw their pensions reduced or eliminated starting in 2018 due to major shortfalls. The hospital itself closed about a decade before.

Abuse victims, meanwhile, have “been locked in a legal morass, denied the long-term healing resources and institutional acknowledgment of the harm they endured,” the letter said.

The foundation arose in 2018 after the Diocese of Brooklyn sold the health insurer Fidelis Care. The organization, whose roughly $3.2 billion in assets came from that sale, is named after Mother Frances Xavier Cabrini, the first American recognized as a saint, who founded the Missionary Sisters of the Sacred Heart of Jesus.

The letter noted that Cabrini “devoted her life to the people others overlooked,” including immigrants and the poor.

“Guided by that legacy, we ask the foundation to explore emergency relief, stabilization funds, and community support initiatives” to help fund the three groups.

The letter-writers asked for a meeting with foundation leaders “to explore potential pathways for assistance aligned with both the foundation’s mission and the pressing needs of survivors, pensioners, and parish communities.”

Mary Pruski, who leads the Save Our Buffalo Churches group, told CNA that advocates in New York City would be following up with the foundation this week.

“This is a complex project and will bring much peace and healing across [New York state],” she said.

Pensioners with St. Clare’s Hospital are currently in the midst of a lawsuit brought by New York state against the Diocese of Albany for what the state attorney general’s office says was “[failure] to adequately fund, manage, and protect hospital employees’ hard-earned pensions.”

The prosecutor’s office alleges that the diocese “[failed] to take adequate measures” to secure the pension fund, including “failing to make any annual contributions to the pension for all but two years from 2000 to 2019 and hiding the collapse of the pension plan from former hospital workers who were vested in the plan.”

Parishioners in Buffalo, meanwhile, have challenged the diocesan parish merger and closure plan, with advocates securing a reprieve against the diocese at the state Supreme Court in July.

The state high court ultimately tossed the lawsuit out in September, ruling that the court had no jurisdiction over the dispute.

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Judge rules against saints’ statues on Massachusetts government building #Catholic Statues of St. Florian (at left) and St. Michael the Archangel (at right) are currently barred from appearing on the planned public safety building of Quincy, Massachusetts. / Credit: Courtesy of Office of Mayor Thomas Koch Boston, Massachusetts, Oct 16, 2025 / 12:18 pm (CNA). A Massachusetts trial court judge has issued an order blocking the installation of statues of two Catholic saints on a new public safety building in the city of Quincy, setting up a likely appeal that may determine how the state treats separation of church and state disputes going forward.The 10-foot-high bronze statues of St. Michael the Archangel and St. Florian, which were scheduled to be installed on the building’s façade this month, will instead await a higher court’s decision.The statues cost an estimated $850,000, part of the new, $175 million public safety building that will serve as police headquarters and administration offices for the Boston suburb’s fire department.Quincy Mayor Thomas Koch, a practicing Catholic, has said he chose St. Michael the Archangel because he is the patron of police officers and St. Florian because he is the patron of firefighters, not to send a message about religion.But the judge said the statues can’t be separated from the saints’ Catholic connections.“The complaint here plausibly alleges that the statues at issue convey a message endorsing one religion over others,” Norfolk County Superior Court Judge William Sullivan wrote in a 26-page ruling Oct. 14.The judge noted that the statues “represent two Catholic saints.”“The statues, particularly when considered together, patently endorse Catholic beliefs,” the judge wrote.The plaintiffs who brought the lawsuit challenging the statues — 15 city residents represented by the American Civil Liberties Union of Massachusetts — have amassed facts that “plausibly suggest that an objective observer would view these statues on the façade of the public safety building as primarily endorsing Catholicism/Christianity and conveying a distinctly religious message,” the judge wrote.Rachel Davidson, staff attorney at the ACLU of Massachusetts, who argued the case during a lengthy court hearing on Sept. 19, praised the judge’s decision.“This ruling affirms the bedrock principle that our government cannot favor one religion above others, or religious beliefs over nonreligious beliefs,” Davidson said in a written statement. “We are grateful to the court for acknowledging the immediate harm that the installation of these statues would cause and for ensuring that Quincy residents can continue to make their case for the proper separation of church and state, as the Massachusetts Constitution requires.”The mayor said the city will appeal.“We chose the statues of Michael and Florian to honor Quincy’s first responders, not to promote any religion,” Koch said in a written statement provided to the National Catholic Register, CNA’s sister news partner, by a spokesman. “These figures are recognized symbols of courage and sacrifice in police and fire communities across the world. We will appeal this ruling so our city can continue to celebrate and inspire the men and women who protect us.” The lawsuit, which was filed May 27 in Norfolk County Superior Court in Dedham, relies on the Massachusetts Constitution, not the U.S. Constitution, but there is a tie-in.In 1979, the Massachusetts Supreme Judicial Court adopted the U.S. Supreme Court’s 1971 three-pronged “Lemon test” when considering church and state cases — whether a law concerning religion has “a secular legislative purpose,” whether “its principal or primary effect … neither advances [n]or inhibits religion,” and whether it fosters “excessive entanglement between government and religion.” The state’s highest court also added a fourth standard — whether a “challenged practice” has “divisive political potential.”But in June 2022, the U.S. Supreme Court ditched the Lemon test in Kennedy v. Bremerton School District, a case involving prayers offered by a high school football coach in Washington state.If the Massachusetts Supreme Judicial Court, which is the ultimate interpreter of state law, takes the Quincy statues dispute, it would be the first time the court has considered a case on point since the U.S. Supreme Court’s Kennedy decision.This story was first published by the National Catholic Register, CNA’s sister news partner, and has been adapted by CNA.
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Judge rules against saints’ statues on Massachusetts government building #Catholic Statues of St. Florian (at left) and St. Michael the Archangel (at right) are currently barred from appearing on the planned public safety building of Quincy, Massachusetts. / Credit: Courtesy of Office of Mayor Thomas Koch Boston, Massachusetts, Oct 16, 2025 / 12:18 pm (CNA). A Massachusetts trial court judge has issued an order blocking the installation of statues of two Catholic saints on a new public safety building in the city of Quincy, setting up a likely appeal that may determine how the state treats separation of church and state disputes going forward.The 10-foot-high bronze statues of St. Michael the Archangel and St. Florian, which were scheduled to be installed on the building’s façade this month, will instead await a higher court’s decision.The statues cost an estimated $850,000, part of the new, $175 million public safety building that will serve as police headquarters and administration offices for the Boston suburb’s fire department.Quincy Mayor Thomas Koch, a practicing Catholic, has said he chose St. Michael the Archangel because he is the patron of police officers and St. Florian because he is the patron of firefighters, not to send a message about religion.But the judge said the statues can’t be separated from the saints’ Catholic connections.“The complaint here plausibly alleges that the statues at issue convey a message endorsing one religion over others,” Norfolk County Superior Court Judge William Sullivan wrote in a 26-page ruling Oct. 14.The judge noted that the statues “represent two Catholic saints.”“The statues, particularly when considered together, patently endorse Catholic beliefs,” the judge wrote.The plaintiffs who brought the lawsuit challenging the statues — 15 city residents represented by the American Civil Liberties Union of Massachusetts — have amassed facts that “plausibly suggest that an objective observer would view these statues on the façade of the public safety building as primarily endorsing Catholicism/Christianity and conveying a distinctly religious message,” the judge wrote.Rachel Davidson, staff attorney at the ACLU of Massachusetts, who argued the case during a lengthy court hearing on Sept. 19, praised the judge’s decision.“This ruling affirms the bedrock principle that our government cannot favor one religion above others, or religious beliefs over nonreligious beliefs,” Davidson said in a written statement. “We are grateful to the court for acknowledging the immediate harm that the installation of these statues would cause and for ensuring that Quincy residents can continue to make their case for the proper separation of church and state, as the Massachusetts Constitution requires.”The mayor said the city will appeal.“We chose the statues of Michael and Florian to honor Quincy’s first responders, not to promote any religion,” Koch said in a written statement provided to the National Catholic Register, CNA’s sister news partner, by a spokesman. “These figures are recognized symbols of courage and sacrifice in police and fire communities across the world. We will appeal this ruling so our city can continue to celebrate and inspire the men and women who protect us.” The lawsuit, which was filed May 27 in Norfolk County Superior Court in Dedham, relies on the Massachusetts Constitution, not the U.S. Constitution, but there is a tie-in.In 1979, the Massachusetts Supreme Judicial Court adopted the U.S. Supreme Court’s 1971 three-pronged “Lemon test” when considering church and state cases — whether a law concerning religion has “a secular legislative purpose,” whether “its principal or primary effect … neither advances [n]or inhibits religion,” and whether it fosters “excessive entanglement between government and religion.” The state’s highest court also added a fourth standard — whether a “challenged practice” has “divisive political potential.”But in June 2022, the U.S. Supreme Court ditched the Lemon test in Kennedy v. Bremerton School District, a case involving prayers offered by a high school football coach in Washington state.If the Massachusetts Supreme Judicial Court, which is the ultimate interpreter of state law, takes the Quincy statues dispute, it would be the first time the court has considered a case on point since the U.S. Supreme Court’s Kennedy decision.This story was first published by the National Catholic Register, CNA’s sister news partner, and has been adapted by CNA.

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Statues of St. Florian (at left) and St. Michael the Archangel (at right) are currently barred from appearing on the planned public safety building of Quincy, Massachusetts. / Credit: Courtesy of Office of Mayor Thomas Koch

Boston, Massachusetts, Oct 16, 2025 / 12:18 pm (CNA).

A Massachusetts trial court judge has issued an order blocking the installation of statues of two Catholic saints on a new public safety building in the city of Quincy, setting up a likely appeal that may determine how the state treats separation of church and state disputes going forward.

The 10-foot-high bronze statues of St. Michael the Archangel and St. Florian, which were scheduled to be installed on the building’s façade this month, will instead await a higher court’s decision.

The statues cost an estimated $850,000, part of the new, $175 million public safety building that will serve as police headquarters and administration offices for the Boston suburb’s fire department.

Quincy Mayor Thomas Koch, a practicing Catholic, has said he chose St. Michael the Archangel because he is the patron of police officers and St. Florian because he is the patron of firefighters, not to send a message about religion.

But the judge said the statues can’t be separated from the saints’ Catholic connections.

“The complaint here plausibly alleges that the statues at issue convey a message endorsing one religion over others,” Norfolk County Superior Court Judge William Sullivan wrote in a 26-page ruling Oct. 14.

The judge noted that the statues “represent two Catholic saints.”

“The statues, particularly when considered together, patently endorse Catholic beliefs,” the judge wrote.

The plaintiffs who brought the lawsuit challenging the statues — 15 city residents represented by the American Civil Liberties Union of Massachusetts — have amassed facts that “plausibly suggest that an objective observer would view these statues on the façade of the public safety building as primarily endorsing Catholicism/Christianity and conveying a distinctly religious message,” the judge wrote.

Rachel Davidson, staff attorney at the ACLU of Massachusetts, who argued the case during a lengthy court hearing on Sept. 19, praised the judge’s decision.

“This ruling affirms the bedrock principle that our government cannot favor one religion above others, or religious beliefs over nonreligious beliefs,” Davidson said in a written statement. “We are grateful to the court for acknowledging the immediate harm that the installation of these statues would cause and for ensuring that Quincy residents can continue to make their case for the proper separation of church and state, as the Massachusetts Constitution requires.”

The mayor said the city will appeal.

“We chose the statues of Michael and Florian to honor Quincy’s first responders, not to promote any religion,” Koch said in a written statement provided to the National Catholic Register, CNA’s sister news partner, by a spokesman. “These figures are recognized symbols of courage and sacrifice in police and fire communities across the world. We will appeal this ruling so our city can continue to celebrate and inspire the men and women who protect us.” The lawsuit, which was filed May 27 in Norfolk County Superior Court in Dedham, relies on the Massachusetts Constitution, not the U.S. Constitution, but there is a tie-in.

In 1979, the Massachusetts Supreme Judicial Court adopted the U.S. Supreme Court’s 1971 three-pronged “Lemon test” when considering church and state cases — whether a law concerning religion has “a secular legislative purpose,” whether “its principal or primary effect … neither advances [n]or inhibits religion,” and whether it fosters “excessive entanglement between government and religion.” 

The state’s highest court also added a fourth standard — whether a “challenged practice” has “divisive political potential.”

But in June 2022, the U.S. Supreme Court ditched the Lemon test in Kennedy v. Bremerton School District, a case involving prayers offered by a high school football coach in Washington state.

If the Massachusetts Supreme Judicial Court, which is the ultimate interpreter of state law, takes the Quincy statues dispute, it would be the first time the court has considered a case on point since the U.S. Supreme Court’s Kennedy decision.

This story was first published by the National Catholic Register, CNA’s sister news partner, and has been adapted by CNA.

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Native American group loses religious freedom appeal at Supreme Court #Catholic On Oct. 6, 2025, the U.S. Supreme Court denied a rehearing of the case filed by Apache Stronghold, a coalition of Native Americans and their supporters, that would have prevented the sale of a Native American sacred site to a mining company. / Credit: Photo courtesy of Becket CNA Staff, Oct 8, 2025 / 12:00 pm (CNA). A Native American group working to stop the destruction of a centuries-old religious ritual site has lost a last-ditch appeal to the U.S. Supreme Court to halt the transfer and obliteration of the Arizona parcel.The Supreme Court in an unsigned order on Oct. 6 said Apache Stronghold’s petition for a rehearing had been denied. The court did not give a reason for the denial.Justice Neil Gorsuch would have granted the request, the order noted. Justice Samuel Alito, meanwhile, “took no part in the consideration or decision” of the order. The denial likely deals a death blow to the Apache group’s attempts to halt the destruction of Oak Flat, which has been viewed as a sacred site by Apaches and other Native American groups for hundreds of years and has been used extensively for religious rituals. The federal government is selling the land to the multinational Resolution Copper company, which plans to destroy the site as part of a copper mining operation. The coalition had brought the lawsuit to the Supreme Court earlier this year under the federal Religious Freedom Restoration Act, arguing that the sale of the site would violate the decades-old federal statute restricting the government’s ability to encroach on religious liberty. The high court in May refused to hear the case. Gorsuch dissented from that decision as well, arguing that the court “should at least have troubled itself to hear [the] case” before “allowing the government to destroy the Apaches’ sacred site.”Justice Clarence Thomas dissented from the May ruling as well, though he did not add his dissent to the Oct. 6 denial of the appeal. In a statement, Apache Stronghold said that while the decision was "deeply disappointing, the fight to protect Oak Flat is far from over." The group vowed to "continue pressing our cases in the lower courts.""Oak Flat deserves the same respect and protection this country has long given to other places of worship," the group said. The coalition has garnered support from major Catholic backers in its religious liberty bid. Last year the U.S. Conference of Catholic Bishops joined an amicus brief arguing that lower court decisions allowing the sale of Oak Flat represent “a grave misunderstanding” of religious freedom law. The Knights of Columbus similarly filed a brief in support of the Apaches, arguing that the decision to allow the property to be mined applies an “atextual constraint” to the federal religious freedom law with “no grounding in the statute itself.”Though Apache Stronghold appears to have exhausted its legal options, the U.S. Court of Appeals for the 9th Circuit said on Aug. 18 that the Oak Flat site would not be transferred to Resolution Copper amid emergency petitions from the San Carlos Apache Tribe as well as the Arizona Mining Reform Coalition. That dispute is still playing out at federal court.
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Native American group loses religious freedom appeal at Supreme Court #Catholic On Oct. 6, 2025, the U.S. Supreme Court denied a rehearing of the case filed by Apache Stronghold, a coalition of Native Americans and their supporters, that would have prevented the sale of a Native American sacred site to a mining company. / Credit: Photo courtesy of Becket CNA Staff, Oct 8, 2025 / 12:00 pm (CNA). A Native American group working to stop the destruction of a centuries-old religious ritual site has lost a last-ditch appeal to the U.S. Supreme Court to halt the transfer and obliteration of the Arizona parcel.The Supreme Court in an unsigned order on Oct. 6 said Apache Stronghold’s petition for a rehearing had been denied. The court did not give a reason for the denial.Justice Neil Gorsuch would have granted the request, the order noted. Justice Samuel Alito, meanwhile, “took no part in the consideration or decision” of the order. The denial likely deals a death blow to the Apache group’s attempts to halt the destruction of Oak Flat, which has been viewed as a sacred site by Apaches and other Native American groups for hundreds of years and has been used extensively for religious rituals. The federal government is selling the land to the multinational Resolution Copper company, which plans to destroy the site as part of a copper mining operation. The coalition had brought the lawsuit to the Supreme Court earlier this year under the federal Religious Freedom Restoration Act, arguing that the sale of the site would violate the decades-old federal statute restricting the government’s ability to encroach on religious liberty. The high court in May refused to hear the case. Gorsuch dissented from that decision as well, arguing that the court “should at least have troubled itself to hear [the] case” before “allowing the government to destroy the Apaches’ sacred site.”Justice Clarence Thomas dissented from the May ruling as well, though he did not add his dissent to the Oct. 6 denial of the appeal. In a statement, Apache Stronghold said that while the decision was “deeply disappointing, the fight to protect Oak Flat is far from over.” The group vowed to “continue pressing our cases in the lower courts.””Oak Flat deserves the same respect and protection this country has long given to other places of worship,” the group said. The coalition has garnered support from major Catholic backers in its religious liberty bid. Last year the U.S. Conference of Catholic Bishops joined an amicus brief arguing that lower court decisions allowing the sale of Oak Flat represent “a grave misunderstanding” of religious freedom law. The Knights of Columbus similarly filed a brief in support of the Apaches, arguing that the decision to allow the property to be mined applies an “atextual constraint” to the federal religious freedom law with “no grounding in the statute itself.”Though Apache Stronghold appears to have exhausted its legal options, the U.S. Court of Appeals for the 9th Circuit said on Aug. 18 that the Oak Flat site would not be transferred to Resolution Copper amid emergency petitions from the San Carlos Apache Tribe as well as the Arizona Mining Reform Coalition. That dispute is still playing out at federal court.

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On Oct. 6, 2025, the U.S. Supreme Court denied a rehearing of the case filed by Apache Stronghold, a coalition of Native Americans and their supporters, that would have prevented the sale of a Native American sacred site to a mining company. / Credit: Photo courtesy of Becket

CNA Staff, Oct 8, 2025 / 12:00 pm (CNA).

A Native American group working to stop the destruction of a centuries-old religious ritual site has lost a last-ditch appeal to the U.S. Supreme Court to halt the transfer and obliteration of the Arizona parcel.

The Supreme Court in an unsigned order on Oct. 6 said Apache Stronghold’s petition for a rehearing had been denied. The court did not give a reason for the denial.

Justice Neil Gorsuch would have granted the request, the order noted. Justice Samuel Alito, meanwhile, “took no part in the consideration or decision” of the order. 

The denial likely deals a death blow to the Apache group’s attempts to halt the destruction of Oak Flat, which has been viewed as a sacred site by Apaches and other Native American groups for hundreds of years and has been used extensively for religious rituals. 

The federal government is selling the land to the multinational Resolution Copper company, which plans to destroy the site as part of a copper mining operation. 

The coalition had brought the lawsuit to the Supreme Court earlier this year under the federal Religious Freedom Restoration Act, arguing that the sale of the site would violate the decades-old federal statute restricting the government’s ability to encroach on religious liberty. 

The high court in May refused to hear the case. Gorsuch dissented from that decision as well, arguing that the court “should at least have troubled itself to hear [the] case” before “allowing the government to destroy the Apaches’ sacred site.”

Justice Clarence Thomas dissented from the May ruling as well, though he did not add his dissent to the Oct. 6 denial of the appeal. 

In a statement, Apache Stronghold said that while the decision was “deeply disappointing, the fight to protect Oak Flat is far from over.”

The group vowed to “continue pressing our cases in the lower courts.”

“Oak Flat deserves the same respect and protection this country has long given to other places of worship,” the group said.

The coalition has garnered support from major Catholic backers in its religious liberty bid. Last year the U.S. Conference of Catholic Bishops joined an amicus brief arguing that lower court decisions allowing the sale of Oak Flat represent “a grave misunderstanding” of religious freedom law. 

The Knights of Columbus similarly filed a brief in support of the Apaches, arguing that the decision to allow the property to be mined applies an “atextual constraint” to the federal religious freedom law with “no grounding in the statute itself.”

Though Apache Stronghold appears to have exhausted its legal options, the U.S. Court of Appeals for the 9th Circuit said on Aug. 18 that the Oak Flat site would not be transferred to Resolution Copper amid emergency petitions from the San Carlos Apache Tribe as well as the Arizona Mining Reform Coalition. That dispute is still playing out at federal court.

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