Perez v. City of San Antonio (5th Cir.)
The Notre Dame Religious Liberty Clinic filed an amicus brief on behalf of the International Council of Thirteen Indigenous Grandmothers and appellants to highlight the troubling history of governmental destruction of Indigenous sacred sites and to reject a narrow interpretation of Texas’ religious freedom law by the City of San Antonio.
The sacred site threatened with desecration and destruction in this case is a bend in the Yanaguana — known as the San Antonio River in English — hallowed by the Lapin-Apache people over centuries of worship.
The river bend is a place that reflects the Yanaguana creation story, which teaches that life began in the area when droplets of water fell to the earth from the feathers of a cormorant, a type of waterbird. Because of the confluence of these spiritual elements, this particular bend is the only place in the world where certain religious ceremonies involving the river, the cormorants, and the stars above may be performed.
The City of San Antonio, however, insists that the majesty, meaning and grandeur of the site must make way for the restoration of a concrete retaining wall even though the repair could be accomplished through alternative designs that preserve the sacred site. If the City proceeds as planned, the spiritual ecology of the site will be eradicated by cutting down trees and preventing cormorants from nesting.
Our brief argues that the City’s actions would not only perpetuate a shameful history of governmental disregard for Indigenous sacred sites, but would also violate religious liberty law.
The brief was filed in the U.S. Court of Appeals for the Fifth Circuit on November 15, 2023.
Our Clinic is proud to defend their fundamental right to worship and freedom to continue their sacred traditions.
Case Documents
- Amicus Curiae Brief on the International Council of Thirteen Indigenous Grandmothers and Carol Logan in Support of Appellants (U. S. Fifth Circuit Court of Appeals) (Nov. 17, 2023)
- Unopposed Motion by the International Council of Thirteen Indigenous Grandmothers and Carol Logan to File Amicus Brief (U. S. Fifth Circuit Court of Appeals) (Nov. 17, 2023)
Press Releases
- "Notre Dame Religious Liberty Clinic files amicus brief in favor of religious liberty protections for the Yanaguana, an Indigenous sacred site" by Arienne Calingo, published by Notre Dame Law School (Nov. 17, 2023)
Meet the Team
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Faculty Director, Religious Liberty Initiative
Professor of Law -
Director, Religious Liberty Clinic
Term Teaching Professor -
Student Fellow
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Student Fellow
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Student Fellow
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Student Fellow