United States v. Hardman
United States Court of Appeals for the Tenth Circuit
297 F.3d 1116 (10th Cir. 2002)
Hardman and Wilgus (defendants), non-Indian practitioners of American Indian religion, received golden-eagle feathers through participation in religious ceremonies, but were denied federal permits to possess them under the Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act because neither belonged to a federally recognized tribe; both were convicted of violating the resulting possession ban and appealed. A third individual, Saenz, a lineal descendant of a non-federally-recognized tribe, had eagle feathers seized during a property search but successfully recovered them in district court after his charges were dismissed, a ruling the government unsuccessfully appealed. The Tenth Circuit vacated all three decisions and reheard the cases en banc to determine whether the Religious Freedom Restoration Act (RFRA) governed the permitting scheme's application to all three defendants.
Whether the permitting schemes under the Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act violate the Religious Freedom Restoration Act because they are not the least restrictive means of protecting eagles and American Indian culture.