Diane Patricia Horen v. Commonwealth

MOON, Chief Judge.

Timothy Horen and Diane Horen were convicted of possession of wild bird feathers and parts in violation of Code § 29!-521(A)(10). 1 The dispositive question is whether the application of Code § 29!-521(A)(10) to prohibit the possession of lawfully obtained owl feathers for the practice of the Horens’ Native American religion violates their constitutional right to the free exercise of religion.

We find that Code § 29!-521(A)(10) is not a religiously neutral statute, that it substantially burdens the free exercise of the Horens’ religion, and that the Commonwealth failed to…