A panel of the 10th Circuit Court of Appeals yesterday rejected a religious liberty challenge to the Bald and Golden Eagle Protection Act. At issue was a provision in the law carving out an exception for members of federally recognized Native American tribes, who use eagle feathers in religious ceremonies. Plaintiffs argued that violates the religious freedom of non-Indians and members of non-recognized tribes. The court disagreed.
AP reports:
The court noted that the repository "receives significantly more requests than it has available eagle carcasses" so there is already a long waiting period to fulfill permits.
All the cases noted in Tuesday's ruling weighed freedom of religion against the government's ability to protect the eagles and help maintain the centuries-old religious practices of Native Americans.
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"We are sensitive to the sincerity of Wilgus' religious beliefs, and we do not question either the authenticity or the weight of his religious experience among Native Americans," the court wrote. However, it noted, that "in light of the options before the federal government, the regulations at issue are the least restrictive means available."
