Saturday, August 5, 2017

Legal Claws

"I wanted a ruling that was going to help all of Native America."


            "Operation Powwow" sounds like a joke. But it was nothing to laugh about when a federal undercover agent raided Pastor Robert Soto's church service in 2006. His Grace Brethren Church in McAllen, Texas, is a syncretic denomination. That means its members are Christian, while their rituals incorporate traditions of the Lipan Apache Tribe of Texas.
            The agent saw Soto wearing a headdress that displayed two feathers from a gold eagle. Soto's brother-in-law was also wearing eagle feathers. Like many American Indian tribes, the Lipan Apache hold eagles sacred. They use eagle feathers in their religious rituals as they believe this majestic bird's high-flying ways put it close to God.
            "The agent threatened to arrest me if I didn't allow him to go into [our worship] circle," Soto recalled. "That's when I found out that I was facing up to 15 years in federal penitentiary and up to a $250,000 fine for having those feathers."

Severe Penalties

            Federal law forbids the possession of eagle feathers unless one has a permit, and these are typically only issued to tribes for religious purposes. At the time, however, only the state of Texas recognized the Lipan Apache as a tribe. Because the tribe was not recognized by Uncle Sam, it held no permit, because it could not apply for one.
            (The law calls for severe penalties. When it was enacted, eagles were near extinction. Today, however, eagles are no longer on the federal government's list of threatened or endangered species. In fact, federal law allows eagles to be legally killed or injured by high-speed energy producing wind turbines. The precise number killed this way each year is unknown. Some speculate the number may be as high as 4,200.)
            Soto felt as though his spirituality had been stolen from him. "If I remember anything of that day, it was the children running around. Some were crying and some were trying to hide," he said. As a result of the raid, his congregation shrank. Plans to pay him a salary were abandoned, and he developed heart trouble which he says was caused by the stress of his legal woes.

“The Way He Created Us”

            Soto and other plaintiffs filed a suit in federal court alleging that the seizure of 42 eagle feathers violated their right to the Free Exercise of their religious beliefs guaranteed by the Constitution.


            “If I got caught speeding, I deserve a speeding ticket, but if I get caught worshipping God the way He created us as native people, that’s not violating the law,” Soto said. “If anything, the government is violating my rights because [it's] interfering with my rights to worship God the way He created us."
            Soto's case wound its way through the federal court system. After nine years, the Supreme Court ruled that because the federal government allowed other tribes to possess eagle feathers it had failed to show that it had a "compelling interest" in denying the Lipan Apaches the same treatment.
            "We are free to dance, to worship, and to honor our God as native people," said Soto. "The fight wasn't for the feathers. It was for the religious rights for native peoples."
MORAL: Bring eagle feathers into your life, not bull feathers.

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