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Page: Profile: Wren's Nest News Local
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Article: 11078
[Legal]
Date Posted:
9/22/2004
10:53:01 am EDT
Wvox Stats
Views: 10,137
RSS: 0
Comments: 7
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10th Circuit: Forest Service Can Bar Logging Near Medicine Wheel
Author: The Associated Press Source: First Amendment Center
Title: 10TH CIRCUIT: FOREST SERVICE CAN BAR LOGGING NEAR MEDICINE WHEEL
A federal appeals court has upheld the U.S. Forest Service's decision to set aside 23,000 acres to protect the view from a sacred American Indian medicine wheel.
Wyoming Sawmills Inc., a logging company in Sheridan, Wyo., had challenged the agency's decision to create the Medicine Wheel National Historic Landmark in the Bighorn National Forest, which closed the area to logging. The company, the main buyer of timber in the forest for more than 30 years, argued that it was hurt economically by the decision and said the protection for the medicine wheel violated the separation of church and state.
The 10th U.S. Circuit Court of Appeals ruled yesterday in Wyoming Sawmills Inc. v. U.S. Forest Service that only people, not companies, can be hurt by violations of the First Amendment's prohibition against the government establishing a religion.
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Community Thoughts: There are 7 comments posted | Reverse Sort |
| It's A Matter Of History | Sep 24th. at 10:37:00 am EDT |
by Sage (Powell) - wc_xemail
This is less about religion than about the fact that the medicine wheel is something left behind by ancient peoples...would Stonehenge be allowed to be torn down to build a condo? nope! Would the cavepaintings in France get blown up to build a highway? No! So why is the medicine wheel any different?
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| Well Then... | Sep 23rd. at 2:44:38 pm EDT |
by meg (York, PA) - wc_xemail
It's not just a question of seperation of church and state...it's an issue of preserving nature. aww..that poor logging company can't cut down all the trees..boo freakin' hoo. What I want to know is how this is such a big issue of religion...?yes, the medicine wheel is important to the Native Americans, and I whole heartedly respect that, but at the core, I believe that the logging company is truly upset that they aren't gettig their way. Get over it.....Save the Environment!!!!
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| Medicine Wheel | Sep 23rd. at 2:52:45 am EDT |
by MichaelMN (St Paul MN) - wc_xemail
The link to the first amendment center was down, so I tried to look the story up on Google News. While searching under medicine wheel I found a story about a Seattle Mariner's pticher, who is half Lakota - the follwing is a quote from that story that I thought might be of interest....
"In his first professional season, with a rookie league club in Billings, Mont., Madritsch went 7-3 with a 2.80 ERA. But he suffered a rotator cuff injury, which can be a career-ender for pitchers. He kept pitching with the injury and eventually had a torn labrum, as well.
As he rehabilitated from reconstruction surgery, he drew a medicine wheel — something he had read about in his Lakota books.
Madritsch took the drawing to a tattoo parlor, and it was burned into the left side of his neck. He says the wheel has done its job and protected him from injury.
"It worked for my ancestors, and it's worked for me, " he says. "I healed faster because of it. I have had no injuries, no problems.""
[Web LINK]
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| Very Strange Logic | Sep 22nd. at 5:14:01 pm EDT |
by Ahr-Ohn (Bridgeport) - wc_xemail
The whole concept of Corporate Law is that corporations are to be legally and financially treated as persons.
Certainly a church can be offended by Congresses establishment of any religion, as if The Chaplain's Corp were to find that, not being Christian, in the mold of Baptists or Papists, the Mormons couldn't be represented in its clergy. A corporate entity can be damaged, and that damage can be challenged.
Of course, in this case, a small acreage was closed off to protect a prehistoric landmark. A more proper question would be, why is the government supposed to provide a living for a private corporation?
Ultimately, the best advice is, "to hear both sides and make your decision, but do not explain your decision because, while your decision will generally be right, your reasoning will generally be wrong."
Aaron
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| Right Decision | Sep 22nd. at 11:10:39 am EDT |
by Brian (Oregon) - wc_xemail
but strange logic behind it. The forest service should have argued compelling interest in protecting the site as a historical/ archaeological/ cultural landmark. By allowing the logging company to divert this into a church-state issue, and ruling on it as such, the court has probably thrown the case open to appeals and further litigation.
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| What A Lovely | Sep 22nd. at 11:09:32 am EDT |
by ladywolf (se us) - wc_xemail - Web
way to celebrate the fall equimox! Yeah team! About time the trees and the old ones got some support! COOOOOL!
The Ladywolf
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| What Will They Think Of Next. | Sep 22nd. at 11:07:54 am EDT |
by Den Mother (Michigan) - wc_xemail
OK, why don't they just bulldoze the National Cathedral in D.C. or some other land mark that is in there way so they can make money. Ooo, I don't know maybe Mount Rushmore.
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