Bear Butte has been the focus of religious observances
by the Plains Indians for centuries. It is especially
sacred to the Lakota and Tsistsistas. For the Lakota
people it is the most important religious site for
religious ceremonies. These ceremonies include, praying,
fasting, and Vision Quests, which may last for several
days. To the settlers from Europe who came to this area
with the opening of the American West to expansion and
settlement, Bear Butte is a geologic formation situated
on the eastern edge of the beautiful area in western
South Dakota known as the Black Hills. Its location is
not far from Sturgis, South Dakota, site of a huge
motorcycle rally that draws thousands of motorcyclists
from all over North America.
The Black Hills were, and continue to be, of
significant historical interest as well as commercial
interest to the settlers who came from the East. The most
productive gold mine in North America was located here,
and still produces gold today. Buffalo hunters and
cowboys came to this area to hunt buffalo and herd
cattle. Today thousands of visitors come as tourists to
visit the natural beauty and tourist attractions which
have been developed in the area. Throughout all this
development the religious significance of Bear Butte has
continued notwithstanding many instances of conflict
between those who come to the site for religious purposes
and others who come for recreational and commercial
purposes.
Following the passage by Congress of the American
Indian Religious Freedoms Act of 1978, several spiritual
leaders of the Lakota and Tsistsistas brought a class
action suit in federal court seeking declaratory and
injunctive relief as well as damages against the
authorities charged with responsibility of management of
the state park. The spiritual leaders argued that recent
development and construction of park facilities to
promote tourist activity in the vicinity of the
ceremonial grounds on the park, including the development
of a trail on the butte diminished the spiritual value of
the site and disrupted religious ceremonies. As grounds
for their claims relating to religious observances, the
spiritual leaders relied on the American Indian Religious
Freedom Act of 1978, the First Amendment of the United
States Constitution, Article 18 of the Universal
Declaration of Human Rights, and Article 18 of the
International Covenant on Civil and Political Rights. The
trial court held against the spiritual leaders on the
ground that their interests were outweighed by the
compelling interest of the state of South Dakota in
"preserving the environment and the resource from
further decay and erosion, in protecting the health,
safety, and welfare of park visitors, and in improving
public access to this unique geological and historical
landmark. The trial court also held if one assumed the
congressional legislation and international human rights
documents, applied in this case, that the rights
protected by those sources did not exceed the First
Amendment. On appeal in 1983 the Eighth Circuit Court of
Appeals affirmed the trial court and the United States
Supreme Court denied a request for a writ of certiorari.
A copy of the circuit court of appeal's opinion may be
found here
All Rights Reserved, 1995.
hvogel@seq.hamline.edu
Last update: 09-13-95
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