Judge backs Utah men in feather possession cases

The Salt Lake Tribune reports:

A judge ruled Tuesday that a federal ban on the possession of eagle feathers by non-Indians is too restrictive, a victory for two Utah men who have fought for a decade to use the feathers as part of their practice of Native American religion. The decision could lead to the return of feathers to the men, who are not federally recognized tribal members, and open the door for others like them to apply to get the feathers, according to attorney Joseph Orifici. "The government has to revisit its policy," said Orifici, a Holladay lawyer representing Samuel Wilgus Jr., one of the litigants. Andrew Ames, a spokesman for the Department of Justice, said Tuesday the government is studying the ruling and has not determined its next step. U.S. District Judge Dee Benson said Tuesday making non-tribal members ineligible to apply for feathers at a national repository and subjecting them to possible criminal prosecution -- the way chosen by the government to protect both eagles and the Native American culture -- puts a burden on the free exercise of religion. The judge also said the government failed to prove the ban was the least restrictive method possible to achieve those goals, a requirement under the Religious Freedom Restoration Act (RFRA). The act requires that religious practices be accommodated unless a compelling governmental interest can be demonstrated...