Update: The Theological Necessity of Goats
On Friday, a federal appeals court decided that Euless, Texas law enforcement officials violated the religious rights of Jose Merced, a practitioner of Santeria, when they prevented him from sacrificing a goat.
“A federal appeals court reversed a lower court’s ruling on Friday that barred a Santeria priest from sacrificing goats in his Texas home, saying a city’s decision to prohibit the ritual violated the man’s religious rights … “It’s a great day for religious freedom in Texas,” said Eric Rassbach, Merced’s lawyer, in response to the three-judge panel’s ruling. Merced said by practicing his faith in the privacy of his own home, he didn’t harm anyone. “Now Santeros can practice their religion at home without being afraid of being fined, arrested or taken to court,” Merced said.”
Merced, who lost his initial challenge to the law, was backed in his appeal by the Becket Fund for Religious Liberty. In a press release, Eric Rassbach, National Litigation Director of The Becket Fund, had this to say about the decision.
“Religious freedom doesn’t mean much if you can’t peacefully worship in your own way in your own home. The Fifth Circuit got that right today … The Becket Fund took on this case not just to vindicate the rights of Mr. Merced, but also to protect the ability of every believer to worship in his own home as his conscience dictates, without undue government interference … Turns out that there will be religious freedom in Euless, Texas after all.”
The city of Euless is planning to file for a rehearing on the matter, but it might not get far since the Fifth Circuit remarked in their decision that claims of Santeria endangering public health were “like the report of Mark Twain’s death, greatly exaggerated”. You can read the full decision, here. It is somewhat gratifying to note that the panel of judges also noticed the hypocrisy of allowing the legal home slaughter of deer, chickens, and turkeys, but not the legal slaughter of goats. Expect this decision to get appealed to the Supreme Court, and (in my opinion) for SCOTUS to decline hearing it (they generally don’t like to revisit issues).
If this decision is ultimately allowed to stand, Merced v. City of Euless could be the case that takes the precedent initially established in Church of Lukumi Babalu Aye v. City of Hialeah nationwide, clearing the way for legal animal sacrifice in religious ceremonies. Could legal sanction be the answer to ongoing freak-outs by various law enforcement and city officials over clandestine animal sacrifices in public parks? Expect to hear a lot more about this issue in the coming months.
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