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Religion & Law

: Religion Clause

Court Rejects Free Exercise Defense To Whale Hunting Indictment

By Howard M. Friedman

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The Peninsula Daily News reports that last week a Tacoma, Washington federal magistrate judge refused to dismiss misdemeanor charges against two members of the Makah tribe charged with hunting whale in violation of the federal Marine Mammal Protection Act. The court rejected defendants claims that the indictment infringed their rights under the First Amendment and the Religious Freedom Restoration Act. Ruling that the Mammal Protection Act applies to the Makah despite the 1855 Treaty of Neah Bay that preserves the tribe's right to hunt and kill whale, the court said that their attorney could not argue religious or cultural rights to the jury in the trial scheduled to begin tomorrow.

Full post as published by Religion Clause on April 07, 2008 (boomark / email).

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