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Religious Objections To USDA's Animal Tagging Program Rejected

By Howard M. Friedman

A federal district court yesterday rejected a challenge to the U.S. Department of Agriculture's National Animal Identification System (NAIS). In Farm-To-Consumer Legal Defense Fund v. Vilsack, (D DC, July 23, 2009), plaintiffs claim that "NAIS requires Premises Identification Numbers ('PINs') for each of their farms and radio frequency identification devices ('RFIDs') for each of their cattle, both of which result in the collection of information into a huge national database against their wills and in violation of their religious beliefs." Religious beliefs cited include the belief that individuals (not the government) are "endowed by their Creator with dominion and control over animals on earth." They also contend that accepting "the mark" of NAIS violates their religious mandates. Finally, some of the plaintiffs are Old Order Amish, and NAIS violates their aversion to technology. Its cost may force them to stop religiously-mandated farming.

All but one of the plaintiffs live in Michigan and the lawsuit focused on Michigan's adoption of NAIS as a means of combating tuberculosis in cattle. The court dismissed claims against the U.S. Department of Agriculture because plaintiffs' alleged injuries stemmed from the independent decision of the Michigan Department of Agriculture (MDA) to adopt the program, and not from action by the USDA. It dismissed claims under RFRA and NEPA against the MDA, because neither of those federal statutes apply to states. It dismissed claims that MDA failed to comply with state law on 11th Amendment grounds, and rejected supplemental jurisdiction over three state law claims. AP reported on the decision. (See prior related posting.)

Full post as published by Religion Clause on July 24, 2009 (boomark / email).