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Free Exercise Does Not Protect Animal Sacrifice: The Misconception of Church of Lukumi Babalu Aye v. City of Hialeah and Constitutional Solutions for Stopping Animal Sacrifice |
In 1993, the U.S. Supreme Court upheld a First Amendment religious free exercise challenge brought by a Florida Santerían church in Church of Lukumi Babalu Aye v. City of Hialeah. However, Lukumi may be the most misunderstood legal precedent in recent history. The decision is often cited for the proposition that religious practitioners have a constitutional right to engage in animal sacrifice. This is far from the truth. Lukumi was decided in a unique context, and its holding was not based on the merits of animal sacrifice. This article will demonstrate that Lukumi does not force government to acquiesce to animal sacrifice, or the “litter” it creates.
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GIVING SLAUGHTERHOUSES GLASS WALLS: A NEW DIRECTION IN FOOD LABELING AND ANIMAL WELFARE |
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Humane Methods of Slaughter Act (HMSA) |
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Humane Society of United States v. State Board of Equalization |
Humane society and four state taxpayers brought action attacking government waste, requesting injunctive and declaratory relief that would bar implementation of tax exemptions for farm equipment and machinery as they applied to “battery cage” chicken coops that allegedly violated animal cruelty laws. State Board of Equalization demurred. Superior Court sustained without leave to amend the complaint and dismissed the case, which the Court of Appeal affirmed, stating that the plaintiffs did not allege a valid cause of action attacking government waste.
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IA - Humane Slaughter - Meat and Poultry Inspection Act |
This Iowa section, known as the Meat and Poultry Inspection Act, also contains the state's humane slaughter laws. For purposes of this section an approved humane slaughtering method shall include and be limited to slaughter by shooting, electrical shock, captive bolt, or use of carbon dioxide gas prior to the animal being shackle hoisted, thrown, cast or cut (except for the ritual requirements proscribed by the Jewish or any other religious faith). Any person who violates any provisions of this chapter for which no other criminal penalty is provided shall be guilty of a simple misdemeanor, which appears to include the humane slaughter provision. |
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IL - Humane Slaughter - Humane Slaughter of Livestock Act |
This Illinois section comprises the state's humane slaughter laws. It begins with a statement of policy that calls for the humane slaughter of commercial animals. Animals must be slaughtered in a manner that renders them insensible to pain prior to hoisting or shackling. As a result, the use of a manually operated hammer, sledge or pole-ax or shackling as well as the hoisting or hanging any animal while such animal is conscious are prohibited. Any violation of this Act or of the rules and regulations promulgated by the Director is a petty offense. |
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IN - Humane Slaughter - Chapter 5. Meat and Poultry Inspection; Humane Slaughter Act |
This Indiana statutory section comprises both the state's meat processing laws and humane slaughter provisions. The state board responsible for carrying out this Act are empowered to adopt rules governing humane methods to make livestock or poultry insensible to pain before incision of an instrument for severance of the carotid arteries. The rules must conform as far as applicable to the regulations promulgated under the Federal Humane Slaughter Act. Most of the laws in this section pertain to inspection of commercial livestock facilities and the labeling of postmortem and antemortem animals. However, violation of the humane slaughter provisions appear to result in a Class B misdemeanor where there has been a "reckless violation." |
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IN - Slaughter - PREVENTION OF CRUELTY TO ANIMALS (SLAUGHTER HOUSE) RULES, 2001 |
The Rules, drafted under the Prevention of Cruelty Act, 1960, regulates slaughterhouses where ten or more animals are slaughtered in a single day. Animals may not be slaughtered in slaughterhouses that are not recognized or licensed. Animals that are pregnant, or have offspring less than three months old, or are less than three years months old, or which have not been certified by a veterinary doctor as being in a fit condition, may not be slaughtered. The Rules prescribe conditions for welfare of animals that shall be slaughtered, as well as standards of hygiene that are to be followed by the slaughterhouse. |
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KS - Humane Slaughter - CHAPTER 47.LIVESTOCK AND DOMESTIC ANIMALS. |
This Kansas section comprises the state's humane slaughter act. The act first begins with a statement of policy requiring the humane slaughter of all livestock. A humane method is defined as a method whereby the animal is rendered insensible to pain by mechanical, electrical, chemical, or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut.& The law also allows slaughter by a method in accordance with ritual requirements of the Jewish faith or any other religious faith whereby the animal suffers loss of consciousness by anemia of the brain. Any person who violates any provision of this act is guilty of a misdemeanor. |
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KY - Louisville/Jefferson County - Title IX: General Regulations (Chapter 91: Animals) |
In Louisville-Jefferson County, Kentucky, no person shall crop a dog’s ears or tail, except a veterinarian. Additionally, no person shall mutilate any animal whether dead or alive; however, this provision does not apply to accepted livestock practices concerning humane slaughter at licensed stockyards, slaughterhouses and meat packing establishments or on the premises of agricultural uses. Penalties are also included for violating these provisions.
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