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Native American Tribe Wins Injunction Under RFRA Protecting Medicine Bluffs

By Howard M. Friedman

In Comanche Nation v. United States, (WD OK, Sept. 23, 2008), an Oklahoma federal district court granted a preliminary injunction against construction by the federal government of a Training Support Center at Fort Sill, Oklahoma. The proposed construction was near Medicine Bluffs, a site of religious significance to members of the Comanche tribe. The court held that plaintiffs had demonstrated a substantial likelihood of success on their claim under the Religious Freedom and Restoration Act. It concluded that "the record is utterly devoid ... of facts tending to demonstrate that the construction of the TSC in its current location is the least restrictive means of furthering the compelling governmental interest." The court also concluded that plaintiffs had shown a substantial likelihood of success on their claim under the National Historic Preservation Act. Yesterday's Tulsa World reported on the decision. The preliminary injunction follows on a temporary restraining order issued last month. (See prior posting.)

Full post as published by Religion Clause on September 25, 2008 (boomark / email).