By: Ben Neary
CHEYENNE -- A specialist in American Indian law says a federal court ruling in the case of a Wyoming man who shot a bald eagle for use in his tribe's Sun Dance follows a pattern of decisions that profess respect for American Indian religion while punishing individual tribal members.
The 10th U.S. Circuit Court of Appeals last week reinstated a misdemeanor criminal charge against Winslow Friday, 23, a Northern Arapaho. Friday shot a bald eagle on the Wind River Indian Reservation in central Wyoming for use in his tribe's 2005 Sun Dance.
"What the opinion does, I think, is sort of give with one hand, while taking away with the other," said Sarah Krakoff, an associate professor of law at the University of Colorado in Boulder.
Krakoff said the panel's ruling has some language that is respectful of Indian religions and recognizes the unique situation that tribes are in with regard to the nature of their practices.
However, she said the ruling, in common with other federal cases about Indian religious freedom, ends up "punishing the individual Indian practitioner even while not doing any greater damage to the cause of recognition of the significance of Indian religion.
"The appellate court ruling reversed a 2006 decision by U.S. District Judge William Downes of Wyoming to dismiss the charge against Friday. Downes said the U.S. Fish and Wildlife Service wouldn't have given Friday a permit to kill the bird even if he had applied for one.
If convicted of the reinstated charge, Friday could face up to a year in jail and a fine.
Speaking after the court ruling last week, Friday said he was disappointed in the ruling."I didn't expect this kind of an outcome," he said. "I can't explain it."
Want to know more? Click here: http://www.jacksonholestartrib.com/articles/2008/05/16/news/wyoming/5756ad1af848de14872574490006fcbb.txt
Friday, May 16, 2008
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