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Thursday July 10, 2008
ACLU Sues to Get Eagle Feathers of Native American Inmate
Mallika Rao
Religion News Service
Washington - A Native American prisoner who was denied the eagle feathers he needed to practice his religious rites will be represented by the American Civil Liberties Union (ACLU) in a suit against the Wyoming State Penitentiary in Rawlins.
Penitentiary officials confiscated the single feather held by North Arapaho tribesman Andrew John Yellowbear in June 2006, and told Yellowbear to apply to the U.S. Fish and Wildlife Service for permission to reclaim it.
"They said that he needed a federal permit, so he applied and was granted a permit to obtain up to 10 feathers," said Stephen Pevar, the ACLU lawyer representing Yellowbear.
But Yellowbear, who is serving a life sentence for murder, was not allowed to get his hands on the additional feathers, and the original confiscated feather remains with prison officials.
Representatives from the penitentiary declined to comment.
The possession of bald eagle feathers is barred by federal law, with an exception made for American Indian tribes that use them for religious practices.
"It's the means of communicating with the creator," said Alonzo Moss Sr., an Arapaho elder in Ethete, Wyo. "It's hard to explain in English.
The only thing I can tell you is that it's no different from the white man using his cross or his rosary."
Under the Religious Land Use and Institutionalized Persons Act, states can bar a prisoner's religious exercise only in the event of a compelling government interest and by using the most benign approach possible.
In the past, at least one inmate at the Wyoming penitentiary has been allowed the use of a full eagle wing, according to an ACLU press release.
The only reasonable defense for the prison's actions would be if the feathers posed some sort of danger to the institution, said Pevar.
"But that's not the case here," he said. "These eagle feathers are the most sacred item for these prisoners. There's no way they're a threat to anyone or anything."
Copyright 2008 Religion News Service. All rights reserved. No part of this transmission may be distributed or reproduced without written permission.
Comments
If a Bald Eagle Feather is to the Indians compared to a cross or a rosary in worship, have there been many prisnors who had their crosses or rosaries taken away from them too, I wonder.
Posted by: Henrietta22 | July 10, 2008 6:07 PM
"If a Bald Eagle Feather is to the Indians compared to a cross or a rosary in worship, have there been many prisnors who had their crosses or rosaries taken away from them too, I wonder."
Well, I think the analogy would work better if crosses and rosaries were only made from some nearly-extinct tree's wood. Yet, given what the law seems to say, the simple solution here seems to be to FIND THAT STUPID FEATHER AND GIVE IT BACK TO THE GUY!
Sheesh.
God bless.
Posted by: Joey | July 10, 2008 6:16 PM
If others are allowed their religious articles, what is the problem with Yellowbear getting his Eagle feather? It is his religious article...as said above...Just give it to him already!
Posted by: pagansister | July 10, 2008 7:09 PM
The article said that Eagle Feathers are exempt from not being able to use, if they were used for Religious puposes, Joey. So my analogy is right on target. All birds lose their feathers from time to time. They are not killed for their feathers, unless we were supplying a whole world of Indians there should be enough multed feathers to pick up for religious purposes.
Posted by: Henrietta22 | July 10, 2008 7:13 PM
Yes Henrietta, I agree. Now, is it legal for the prison officials to have such a feather?
I wonder if Yellowbear's crime was being imprisoned while Native American or whether he did something special to get them mad. In any case he should get his feather.
Posted by: nnmns | July 10, 2008 8:29 PM
Sorry Henrietta22, you're wrong.
The killing of eagles and other birds of prey on reservations and else where is a big problem. A national clearing house for eagle feathers was set up years ago to collect bird that died in captivity (zoos, for example) or were killed in the wild (predation, power lines, car strikes). Many American Indians complain that the process to receive feathers from this clearing house is too complicated and takes too long, so they take matters into their own hands and rifle sites. I once had to tell a friend of mine that I would report him to the authorities if he tried to go through with his plans to kill a nesting bald eagle on the Salt River here in Arizona. Just because a religious belief is American Indian does not make it any less silly or destructive.
Posted by: sinsonte | July 10, 2008 11:40 PM
What about the anatomy of a feather. You have a stalk that is hollowed after a while it can be filled with other material. Remember inmates have ways of transporting substances. Who really knows what the actual currcumstances are? What is the real risk in carring an Eagle feather? or Is it his only means of escape, either spiritually or mentally? He certainly can not escape physically with a single feather. Poor inmate.
Posted by: Kelly | July 11, 2008 7:18 AM
A rosary can be used as a garrote; and cross can become a shiv; a feather can poke out an eye, or become an injector. Religious artifacts are important to some folks, I suppose, but once a person is in prison a lot of rights and rites are set aside. Prisoners are wildly creative in the ways they can think of to inflict harm on each other - or the guards. It is too bad they cannot learn to channel their creativity in positive ways. At best, I would think the warden/state would allow supervised use of the feather (OK, this is starting to sound silly).
Posted by: jestrfyl | July 11, 2008 11:17 AM
What does the eagle think about all of this?
Posted by: cknuck | July 11, 2008 1:17 PM
I stand corrected Sinsonte. Interesting to hear that Indians can be as dishonest and mean as the rest of humanity. ;)
Supervised use of the Eagle Feather, like Jestr said makes good sense. Time for church; the eagle feathers, crosses, and rosaries can be brought to them. Church over, back they go again in a box.
Posted by: Henrietta22 | July 11, 2008 2:32 PM
Soft rubber feathers and crosses, and weak rubber band rosaries for everyone!
Posted by: nnmns | July 11, 2008 5:06 PM
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