- Medicine Bluffs located near Fort Sill is sacred primarily to Comanche tribe
- Religious practice requires an unobstructed view of the peaks, where the new facility is proposed to be placed
- 9th Circuit – would have said there was no burden
- W.D. Okla. – determined that a burden did exist; a burden exists when the government makes it difficult or impossible to practice the religion – considers practical effect of government action (pre-Lyng view of what a substantial burden is)
- Substantial burden under RFRA not to be interpreted the same as substantial burden under Lyng
- After finding that a substantial burden exists, must consider (1) whether government has a compelling interest (yes, national security) and (2) whether narrowly tailored means/least restrictive means were used (no, didn’t consider tribal religious implications and there were other potential locations that may have been appropriate, less expensive, less burdensome)
Tuesday, May 20, 2014
Comanche Nation v. United States case brief summary
Comanche Nation v. United States (Medicine Bluffs)
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