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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.

7 responses so far

  • Asator-1488

    I wonder if I can use it as a precedent for human sacrifices in the bog.

  • Malaz

    Calls to mind the scene from "Devils Advocate", no?

  • http://apaganheart.blogspot.com embreis

    apologies for the typos, but I'll let it stand. I should know better than to try to type at this hour.

  • http://patheos.com/blogs/wildhunt/2009/08/a-few-quick-notes-5.html The Wild Hunt » A Few Quick Notes

    [...] can read my full coverage of this case, here. As I’ve said before, this case could set a nationwide precedent allowing for legalized ritualized animal sacrifice in [...]

  • http://patheos.com/blogs/wildhunt/2009/09/what-does-a-diminished-religion-beat-mean-for-us.html The Wild Hunt » What Does a Diminished Religion Beat Mean for Us?

    [...] directly related to modern Pagans, but are instead of some related concern to our communities (Santeria legal cases, for example) . Could this be due to dwindling resources and fewer reporters exclusively covering [...]

  • http://patheos.com/blogs/wildhunt/2009/10/euless-has-to-pay-up.html The Wild Hunt » Euless Has to Pay Up

    [...] practitioner who took the city of Euless, Texas to court over the matter of animal sacrifice, and won, we learn that the city has been ordered to pay Merced’s hefty legal bills. “North [...]

  • http://patheos.com/blogs/wildhunt/2010/05/santeria-and-immigration.html The Wild Hunt » Santeria and Immigration

    [...] animal sacrifice, while abhorrent to some, has been ruled a legal practice by our courts in two landmark cases. What one feels about Santeria should in no way influence whether illegal immigrants are granted a [...]