Religious Freedom and DNA Gathering:

An interesting decision (U.S. v. Holmes, 2007 WL 529830 (E.D. Cal. Feb. 20)), though, if the court's analysis is correct, not one that will materially affect law enforcement. I quote it at some length, partly because it helps illustrate how religious exemption analysis under the Religious Freedom Restoration Act and similarly exemption regimes works:

The United States alleges that defendant Elden Leroy Holmes violated the terms of supervised release by refusing to provide a blood sample for the purpose of DNA testing. Holmes states that he is prepared to provide a DNA sample by other means, in particular by buccal swab, which requires the light scraping of the inside of the cheek....

The court finds that Holmes' religious exercise would be substantially burdened by forcing him to provide a blood sample and that the government has failed to demonstrate a compelling interest in collecting DNA through a blood sample rather than by an equally reliable buccal swab DNA sample to be obtained by the State of California at no cost or burden to the federal government. The court GRANTS the motion to dismiss, contingent upon the successful entry of Holmes' DNA profile into the Combined Offender DNA Index System (CODIS), via the California DNA databank.

Under the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. §§ 13701, et seq., the FBI established CODIS, an index of DNA samples from convicted offenders, crime scenes, and unidentified human remains. Section 14135a(d)(1) requires probation officers to collect a DNA sample from individuals on federal supervised release. Failure to cooperate with probation officers exposes individuals on release to misdemeanor charges and the revocation of release. Id. § 14135a(a)(5)....

Holmes ... argues that under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. §§ 2000bb, et seq., the government's requirement that he submit his DNA through a blood sample imposes a substantial burden upon his free exercise of religion. Holmes does not consider himself a member of an organized religion. In his individual belief system, however, Holmes describes blood as "the most evocative symbol of life we have" and giving blood as a matter "between me and God, period." He states that his blood "contains my soul" and that giving blood "would result in a sacrifice of my soul."

According to Holmes, his blood contains his "contract" with God; the removal of blood from his body breaches this contract. Thus, if he were to give a blood sample, it would create "a deep spiritual wound." Holmes analogizes the injury to disrespectful acts targeted at central symbols of organized religions. He states that his beliefs are long-held as a matter of conscience. Other than having blood drawn during service in the Navy and giving blood to help a particular person, the government presents no specific instances in which Holmes has violated his professed beliefs....