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OKLEVUEHA NATIVE AMERICAN CHURCH v. LYNCH

No. 14-15143.

828 F.3d 1012 (2016)

OKLEVUEHA NATIVE AMERICAN CHURCH OF HAWAII, INC.; Michael Rex Mooney, aka Raging Bear, Plaintiffs-Appellants, v. Loretta E. LYNCH, Attorney General; Michele Leonhart, as Acting Administrator of the U.S. Drug Enforcement Administration; Florence T. Nakakuni, U.S. Attorney for the District of Hawaii, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 6, 2016.

Attorney(s) appearing for the Case

Michael Andrew Glenn , Low Cost Legal Services, Honolulu, HI, argued the cause and filed the briefs for the plaintiffs-appellants.

Lowell V. Sturgill, Jr. , United States Department of Justice, Washington, D.C., argued the cause and filed the brief for the defendants-appellees. With him on the brief were Stuart F. Delery and Mark Stern , United States Department of Justice, Washington, D.C., and Florence Nakakuni , United States Attorneys Office, Honolulu, HI.

Kristen A. Carpenter , University of Colorado Law School, Boulder, CO, filed a brief on behalf of amici curiae National Council of Native American Churches, Native American Church of North America; Azee Bee Nahagha of Dine Nation ; Native American Church, State of Oklahoma; and Native American Church, State of South Dakota in support of the defendants-appellees.

Before: DIARMUID F. O'SCANNLAIN, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

The Religious Freedom Restoration Act mandates that the federal government may not substantially burden a person's religious exercise unless it uses the least restrictive means to further a compelling interest. We must decide whether the district court properly denied a church and its founder an exemption...

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