Many people are very unhappy with a recent decision of the United States Court of Appeals for the Fifth Circuit, Merced v. Kasson, in which the court enjoined officials of the city of Euless, Texas from enforcing various ordinances to stop Santería practitioners from performing animal sacrifices using goats, lambs, and other animals, including ducks, chickens, and guinea hens. The Santería practitioners offer animal blood to deities and then cook and consume at least part of some of the animals. The federal court did not decide the case under the federal Constitution but under a state law guaranteeing freedom of religion (although the decision would probably have been the same if the matter were analyzed under the federal Constitution).
The moral issue involved in this case is similar to the one presented in the Michael Vick case. To the extent that there are differences, this case is actually stronger than the Vick case. In Euless, it is explicitly legal for individuals to kill “domesticated fowl considered as general tablefare such as chicken or turkey.” In response to the argument that butchering a larger animal such as a goat might present health problems, the court pointed out that large animals, such as deer, may be butchered and disposed of in Euless as long as they are dead when brought into the city.
So if you kill “domesticated fowl” because you want to eat them, that’s fine. If you kill them because you want to offer them to a diety (and then eat them), then that’s not fine. If you kill a deer outside of Euless and bring it into Euless to butcher it, that’s fine. If you kill and butcher the goat in Euless as part of a religious ceremony, that’s not fine.
This, of course, is nonsense.
Please do not misunderstand me. Read more