Mc Allen Grace Brethren Church, et al. v. U.S. Attorney General

August 21, 2014 by Justia

Plaintiffs filed suit against the Department seeking a declaration of rights that the Department's enforcement of the Migratory Bird Treaty Act (MBTA), 16 U.S.C. 703, and the Bald and Golden Eagle Protection Act (Eagle Protection Act), 76 Pub. L. No 567, 54 Stat. 250, violates the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act (RFRA), 42 U.S.C. 2000bb, because it prohibits American Indians who are not members of federally recognized tribes from possessing bald and golden eagle feathers. The district court found that the Department's implementation of the Eagle Protection Act was narrowly tailored to a compelling governmental interest. The court reversed the district court's grant of the Department's motion for summary judgment because the Department did not provide sufficient evidence that the policy limiting permits for the possession of eagle feathers to members of federally recognized tribes survives the scrutiny required by RFRA. The court remanded for further proceedings. View "Mc Allen Grace Brethren Church, et al. v. U.S. Attorney General" on Justia Law