ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Religion & Law Blogs -> Religion Clause

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Religion & Law

: Religion Clause

5th Circuit Says Ban On Santeria Sacrifices Violates Texas RFRA

By Howard M. Friedman

ADVERTISEMENTS
In Merced v. Kasson (consolidated with Merced v. City of Euless) , (5th Cir., July 31, 2009), the U.S. 5th Circuit Court of Appeals held that a city's prohibition of animal sacrifices essential to Santeria religious practice violates the Texas Religious Freedom Restoration Act (TRFRA). Jose Merced, a Santeria priest, had been ritually sacrificing sheep, goats and turtles in a room attached to his garage approximately once a year for 16 years without incident when the city of Euless, Texas informed him that he could no longer do so under its ordinances. Merced sued seeking an injunction to prevent enforcement of the ordinances against him.

Reversing the trial court, the 5th Circuit concluded that the ordinances substantially burden Merced's free exercise of religion. It also concluded that (while a close case) the city failed to show that it had a compelling interst in barring Merced's activities, and that the ordinances completely banning Merced's slaughter of four-legged animals are not the least restrictive means of carrying out the city's interests. The district court had found no burden, saying Merced had not proven that orishas required sacrifices to be located at his home. (See prior posting.) The 5th Circuit said, among other things, that "predicating a substantial burden on the results of a religious ceremony (divining the will of the orishas) impermissibly allows judges to evaluate the intricacies of a religious practice." By relying on TRFRA, the court avoided having to deal with the constitutional free exercise claim that Merced had also raised. Yesterday's Fresno Bee, reporting on the decision, says that the city of Euless plans to seek a rehearing.

Full post as published by Religion Clause on August 01, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0169 secs (new cache)