Bear Lodge Multiple Use Association v. Babbitt [Bear Lodge II]

Devils Tower National Monument had been used as a sacred site by American Indians for many generations. The month of June was a particularly culturally significant time for American Indian cultural and spiritual practices at Devils Tower. Since 1973, recreational rock climbing at Devils Tower had increased significantly. In response, the National Park Service (park service) (defendant) issued a Final Climbing Management Plan (the plan) for managing climbing activity at Devils Tower. The plan sought to protect the natural and cultural resources of Devils Tower by imposing restrictions on new climbing routes and the installation of new climbing hardware on the face of the tower itself. The plan also called for the voluntary closure of climbing at Devils Tower during the month of June because of the cultural significance for American Indians. The park service indicated that it would not enforce the voluntary closure of climbing at Devils Tower. However, the park service indicated that it would consider taking alternative actions if the voluntary closure was unsuccessful. The Bear Lodge Multiple Use Association (plaintiff), a group that promoted the management of public access to natural resources, sued the park service, claiming that the voluntary climbing ban wrongfully promoted religion and violated the Establishment Clause of the United States Constitution.