Making eagle feathers legally safe for Native American worshipers

Eagle feathers have long been important in Native American religious practice, but federal law generally bans possession of eagle feathers under stringent penalties. While the law authorizes the Interior Department to exempt Native American religious use, the Department has sometimes been stinting and ungenerous in its granting of permission. Although the Fifth Circuit ruled in favor of Indian worshipers in a big 2014 case under the Religious Freedom Restoration Act of 1993, uncertainty continues to linger. Now advocates have petitioned for a rulemaking that would expand the exemption from federally recognized tribes only to all sincere believers including members of state-recognized tribes, and would set the exemption on a firmer legal footing for the future by taking it through the notice and comment process. [Joseph Davis, Federalist Society, earlier; End the Feather Ban advocacy page]

One Comment

  • Terrible idea. The last thing we want the government to do is try to evaluate the sincerity of one’s religious beliefs.