indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Dynamic Homes
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Non-recognized tribe in Texas hails ruling in eagle feather case

Filed Under: Environment | Law | National | Recognition
More on: 10th circuit, 5th circuit, 9th circuit, apache, doi, eagles, religion, texas
     


Members and representatives of the Lipan Apache Tribe of Texas attended the Apache Alliance Summit in Arizona in June. Photo from Facebook

The non-federally recognized Lipan Apache Tribe of Texas is welcoming an appeals court decision that clears the way for its members to possess eagle feathers.

In a unanimous decision, the 5th Circuit Court of Appeals said the Interior Department failed to explain why Indians who are members of non-recognized tribes can't possess eagle feathers as part of their religious practices. The ruling will help Robert Soto, the tribe's vice chairman, secure the return of eagle feathers that were seized during a powwow on March 11, 2006.

"It’s been a long hard fought battle that we just had to win,” Soto said in a press release. “Our backs were against the wall so we had to say the Lipans are still very much here and will still defend their way of life.”

The ruling said there was no doubt that Soto is an "Indian" even though is tribe isn't on the list of federally recognized entities. Denying him eagle feathers might violate the Religious Freedom Restoration Act but the 5th Circuit left that to a lower court to consider in further proceedings.

"The burden on the department is a high one: they must demonstrate that 'no alternative forms of regulation' would maintain this relationship without infringing upon the rights of others," the 5th Circuit stated. "At this stage, the department has not shown that this regulation is the least restrictive means of furthering its compelling interests."

Although the case isn't over yet, the Lipan Apaches appear close to victory. In August 2001, the 10th Circuit Court of Appeals held that a member of a non-recognized Apache tribe in New Mexico could possess eagle feathers.

Non-Indians, on the other hand, have not been so successful. In July 2008, the 9th Circuit Court of Appeals refused to rehear a case involving two men who said their religious rights were violated when their eagle feathers were confiscated.

Turtle Talk has posted documents from the 5th Circuit case, McAllen Grace Brethren Church v. Interior.

5th Circuit Decision:
McAllen Grace Brethren Church v. Salazar (August 20, 2014)

9th Circuit Decision:
US v. Vasquez-Ramos (June 27, 2008)

10th Circuit Decision:
Saenz v. Interior (August 8, 2001)

Relevant Documents:
Memorandum: Possession or Use of the Feathers or Other Parts of Federally Protected Birds for Tribal Cultural and Religious Purposes (October 12, 2012)

Related Stories:
Opinion: DOJ should make changes to policy on eagle feathers (07/15)
Non-recognized tribes excluded from DOJ eagle feather policy (2/20)
Justice Department announces policy on use of eagle feathers (10/12)


Copyright © Indianz.Com
More headlines...

Latest Headlines:

Family from Crow Tribe wins right to pursue lawsuit against federal agent
Mark Trahant: Republican health care reform bill impacts Indian Country
Steve Russell: Republican answer to Obamacare only benefits the wealthy
Hualapai Tribe learns more about citizen who was killed on duty in Vietnam
Zia Pueblo wants symbol removed from flag of city in far-away Wisconsin
Northern Cheyenne Tribe won't touch coal deposit despite economic woes
Life-saving road for Native village inches forward in Alaska and in D.C.
Two more Pueblo tribes challenge state's demand for gaming revenue
Wilton Rancheria won't comment on status of gaming compact talks
Trump administration rolls out first rule under historic trust reform law
Interior Department sends out another $13.1M in Cobell buy-back offers
Senate Committee on Indian Affairs headed to New Mexico for hearing
House committee again leaves out Indian Country in hearing on Interior
Mark Maxey: Oklahoma tries to crush Native protesters with new law
Carletta Tilousi: Havasupai Tribe threatened by uranium development
Opinion: Don't be fooled by Jimmie Durham's claims of Cherokee heritage
Opinion: Economic development for Indian Country in upcoming farm bill
Government worker suspended after calling Native principal a 'rabid s----'
Kiowa citizen Tristan Ahtone to report on tribes for High Country News
New York Times features Dina Gilio-Whitaker in editorial on health care
Tribes break ground on monument to their history in Virginia's capitol
Warm Springs Tribes battle large wildfire that broke out behind casino
Spokane Tribe casino doesn't bother Air Force despite claims in lawsuit
Tribes in for long haul as oil continues to flow through Dakota Access
Mark Trahant: Don't plan on getting sick if you're from Indian Country
Tiffany Midge: I shall joke as long as the grass grows and the rivers flow
Director of Office of Indian Energy deletes offensive Twitter account
States cheer decision on grizzly bears amid tribal concerns about hunts
Washington asks high court to overturn Yakama Nation treaty victory
New York Times editorial board reconsiders stance on racist trademarks
Colville Tribes remove council member a week before citizens go to polls
Marijuana firm promises big investments with help of ex-Seminole chair
Lumbee Tribe ordered to release voter list to opponents of chairman
National Indian Gaming Association chooses David Bean as vice chair
Eastern Cherokee citizen promoted to vice president of casino marketing
Tribes in Connecticut waiting on governor to sign bill for new casino
Secretary Zinke removes protections for grizzlies over tribal objections
Court sets final deadline for remaining payments from Cobell settlement
Mary Annette Pember: Indian Child Welfare Act strengthens our families
Peter d'Errico: Navajo authors offer fresh perspective on sovereignty
Native woman was jailed and forced to ride with assailant during trial
Ute Mountain Ute Tribe challenges new permit for uranium operation
Montana tribes get new member of Congress who pleaded to assault
Connecticut tribes welcome court decision favoring new casino law
Pueblo tribes dispute state's demand for $40M in gaming revenues
Mashpee Wampanoag Tribe remains confident of approval of casino
Nooksack Tribe accepting slot tickets while casino remains closed
Key House committee under fire for moving slowly on tribal agenda
Tribes go it alone on climate change as Trump team shifts priorities
Bryan Newland: President Trump's budget threatens tribal treaties
Steve Russell: The GI Bill changed the United States for the better
Harold Monteau: Democrats lack proactive agenda, proactive strategy
St. Regis Mohawk Tribe orders 20 non-citizens to leave reservation
Wilton Rancheria accused of working too closely with city on casino
Witness list for hearing on bill to reform the Indian Health Service
Arne Vainio: What does the princess want to be when she grows up?
Doug George-Kanentiio: 'Spirit Game' brings Iroquois lacrosse to life
Cronkite News: Navajo activist vows fight against racist NFL mascot
Eric Hannel: Addressing the health care crisis among Native Americans
Bill for tribal regalia at graduation ceremonies advances in California
>>> more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.