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Court Says Eagle Feather Provision Violates RFRA

By Howard M. Friedman

In United States v. Wilgus, (D UT, Feb. 17, 2009), a Utah federal district court held federal provisions that discriminate against non-Native American adherents of Native American religions violate their rights under the Religious Freedom Restoration Act. The ruling came in a challenge to convictions in two separate cases that had been remanded to the court by the U.S. 10th Circuit Court of Appeals in a 2002 opinion. Members of federally recognized tribes can apply to obtain feathers for ritual use from the National Eagle Repository. Non-Native American adherents cannot apply and, under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act, are subject to prosecution for possessing eagle feathers. The court held that the government has failed to carry the burden of showing that this complete ban on non-Native Americans is the least restrictive means of furthering its compelling interest of protecting eagle populations and Native American culture. AP yesterday reported on the decision.

Full post as published by Religion Clause on February 19, 2009 (boomark / email).