Animal Sacrifice and Religious Freedom

Animal Sacrifice and Religious Freedom PDF Author: David M. O'Brien
Publisher:
ISBN:
Category : History
Languages : en
Pages : 216

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Book Description
The Santeria religion of Cuba—the Way of the Saints—mixes West AfricanYoruba culture with Catholicism. Similar to Haitian voodoo, Santeria has long practiced animal sacrifice in certain rites. But when Cuban immigrants brought those rituals to Florida, local authorities were suddenly confronted with a controversial situation that pitted the regulation of public health and morality against religious freedom. After Ernesto Pichardo established a Santeria church in Hialeah in the 1980s, the city of Hialeah responded by passing ordinances banning ritual animal sacrifice. Although on the surface those ordinances seemed general in intent, they were clearly aimed at Pichardo's church. When Pichardo subsequently sued the city, a federal court ruled in the latter's favor, in effect privileging the regulation of public health and morality over the church's free exercise of its religion. The U.S. Supreme Court heard Pichardo's appeal in 1993 and unanimously decided that the city had overstepped its bounds in targeting this particular religious group; however, the court was sharply divided regarding the basis of its decision. Three concurring opinions registered distinctly different views of the First Amendment, the limits of government regulation, and the religious freedom of minorities. In the end, the nine justices collectively concluded that freedom of religious belief was absolute while the freedom to practice the tenets of any faith were subject to non-discriminatory local regulations. David O'Brien, one of America's foremost scholars of the Court, now illuminates this controversy and its significance for law, government, and religion in America. His lively account takes us behind the scenes at every stage of the litigation to reveal a riveting case with more twists and turns than a classic whodunit. Ranging with equal ease from primitive magic to municipal politics and to the most arcane points of constitutional law, O'Brien weaves a compelling and instructive tale with a fascinating array of politicians, lawyers, jurists, civil libertarians, and animal rights advocates. Offering sharp insights into the key issues and personalities, he highlights cultural clashes large and small, while maintaining a balance for both the needs of government and the religious rights of individuals. The "Santeria case" reaffirmed that our laws must be generally applicable and neutral and may not discriminate against particular religions. Tracing the path to that conclusion, Animal Sacrifice and Religious Freedom provides a provocative and learned account of one of the most unusual and contentious religious freedom cases in American history.

Animal Sacrifice and Religious Freedom

Animal Sacrifice and Religious Freedom PDF Author: David M. O'Brien
Publisher:
ISBN:
Category : History
Languages : en
Pages : 216

Get Book

Book Description
The Santeria religion of Cuba—the Way of the Saints—mixes West AfricanYoruba culture with Catholicism. Similar to Haitian voodoo, Santeria has long practiced animal sacrifice in certain rites. But when Cuban immigrants brought those rituals to Florida, local authorities were suddenly confronted with a controversial situation that pitted the regulation of public health and morality against religious freedom. After Ernesto Pichardo established a Santeria church in Hialeah in the 1980s, the city of Hialeah responded by passing ordinances banning ritual animal sacrifice. Although on the surface those ordinances seemed general in intent, they were clearly aimed at Pichardo's church. When Pichardo subsequently sued the city, a federal court ruled in the latter's favor, in effect privileging the regulation of public health and morality over the church's free exercise of its religion. The U.S. Supreme Court heard Pichardo's appeal in 1993 and unanimously decided that the city had overstepped its bounds in targeting this particular religious group; however, the court was sharply divided regarding the basis of its decision. Three concurring opinions registered distinctly different views of the First Amendment, the limits of government regulation, and the religious freedom of minorities. In the end, the nine justices collectively concluded that freedom of religious belief was absolute while the freedom to practice the tenets of any faith were subject to non-discriminatory local regulations. David O'Brien, one of America's foremost scholars of the Court, now illuminates this controversy and its significance for law, government, and religion in America. His lively account takes us behind the scenes at every stage of the litigation to reveal a riveting case with more twists and turns than a classic whodunit. Ranging with equal ease from primitive magic to municipal politics and to the most arcane points of constitutional law, O'Brien weaves a compelling and instructive tale with a fascinating array of politicians, lawyers, jurists, civil libertarians, and animal rights advocates. Offering sharp insights into the key issues and personalities, he highlights cultural clashes large and small, while maintaining a balance for both the needs of government and the religious rights of individuals. The "Santeria case" reaffirmed that our laws must be generally applicable and neutral and may not discriminate against particular religions. Tracing the path to that conclusion, Animal Sacrifice and Religious Freedom provides a provocative and learned account of one of the most unusual and contentious religious freedom cases in American history.

Animal Sacrifice, Religion and Law in South Asia

Animal Sacrifice, Religion and Law in South Asia PDF Author: Daniela Berti
Publisher: Taylor & Francis
ISBN: 1000930106
Category : Social Science
Languages : en
Pages : 314

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Book Description
This book presents original research on the controversies surrounding animal sacrifice in South Asia through the lens of court cases. It focuses on the parties involved in these cases: on their discourses, motivations, and contrasting points of view. Through an examination of judicial files, court decisions and newspaper articles, and interviews with protagonists, the book explores how the question of animal sacrifice is dealt with through administrative, legislative, and judicial practice. It outlines how, although animal sacrifice has over the ages been contested by various religious reform movements, the practice has remained widespread at all levels of society, especially in certain regions. It reveals that far from merely being a religious and ritual question, animal sacrifice has become a focus of broader public debate, and it discusses how the controversies highlight the contrast between ‘traditional’ and ‘reformist’ understandings of Hinduism; the conflict between the core legal and moral principles of religious freedom and social progress; and the growing concern with environmental issues and animal rights. The Introduction, Chapter 1, Chapter 2, and Chapter 7 of this book are available for free in PDF format as Open Access from the individual product page at www.taylorfrancis.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International license. Funded by Centre National de la Recherche Scientific.

Getting Over Equality

Getting Over Equality PDF Author: Steven D Smith
Publisher: NYU Press
ISBN: 0814739946
Category : Law
Languages : en
Pages : 318

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Book Description
Questions of religious freedom continue to excite passionate public debate. Proposals involving school prayer and the posting of the Ten Commandments in schools and courtrooms perennially spur controversy. But there is also a sense that the prevailing discourse is exhausted, that no one seems to know how to think about religious freedom in a way that moves beyond our stale, counterproductive thinking on this issue. In Getting over Equality, Steven D. Smith, one of the most important voices now writing about religious liberty, provocatively contends that we must get over our presumption mistakenly believed to be rooted in the Constitution that all religions are equally true and virtuous and "authentically American." Smith puts forth an alternative view, that the courts should promote an ideal of tolerance rather than equality and neutrality. Examining such controversial examples as the animal sacrifice case, the peyote case, and the problem of aid to parochial schools, Smith delineates a way for us to tolerate and respect contrary creeds without sacrificing or diluting our own beliefs and without pretending to believe in a spurious "equality" among the variety of diverse faiths.

Ritual Slaughter, Animal Welfare and the Freedom of Religion

Ritual Slaughter, Animal Welfare and the Freedom of Religion PDF Author: Jan Willem Sap
Publisher:
ISBN: 9789086597505
Category : Animal rights
Languages : en
Pages : 101

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Book Description
According to traditional Jewish and Islamic law, animals must be slaughtered by a single cut to the throat. The practice of ritual slaughter has become controversial to the extent that it is interpreted as precluding animals from being stunned first. This raises a number of important and related questions. What are the limits of animal welfare? What are the limits of the right to freedom of religion? What is the best way to discuss this dilemma in a democratic society under the rule of law that also respects minorities? In three essays, the authors reflect upon these and other questions. Jan Willem Sap emphasises that the state must continue its dialogue with Jews and Muslims with the aim to improve animal welfare to the greatest possible extent. Carla Zoethout argues that respect for animal welfare can serve as a legitimate aim to limit the right to freedom of religion and the practice of unstunned ritual slaughter. Gerhard van der Schyff considers equality to be the central value in structuring the relationship between law and religion in the Netherlands when it comes to decision-making on ritual slaughter. This book is aimed at students, legal practitioners and researchers who are interested in an important and emotional issue of Law and Religion in Europe.

Animal Sacrifices

Animal Sacrifices PDF Author: Tom Regan
Publisher: Temple University Press
ISBN: 1439907013
Category : Philosophy
Languages : en
Pages : 283

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Book Description
Presents the teachings of the major religions of the world concerning animals and their use in science.

Religious Freedom in the Global South

Religious Freedom in the Global South PDF Author: Waheeda Amien
Publisher:
ISBN: 9783036525099
Category :
Languages : en
Pages : 230

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Book Description
The aim of this book is to create a space for contributions on religious freedom in the Global South. The contributions speak to diverse themes underscoring religious freedom in the Global South including the impact of religious freedom on majority and minority religious communities, the relationship between religious freedom and the state, and the relationship between religious freedom and other fundamental human rights. Through the adoption of inter- and multidisciplinary approaches, and with reference to various religions such as Islam, Hinduism, Sufism, Sikhism, and Christianity, contributors address the themes across several regions in the world including Africa, South Asia, South-East Asia, South America, and Eastern Europe. Depending on the social, legal, and political context and by relying on diverse examples such as the Muslim call to prayer (adhan), domestic violence, animal sacrifice, religious conversions, abortion, the rights of LGBT persons, and religious education in the public sphere, the contributions illustrate how religious freedom can undermine or promote the rights of majority or minority religious communities, and how it can impact on the rights of marginalised members within minority religious communities.

Getting Over Equality

Getting Over Equality PDF Author: Steven D. Smith
Publisher: NYU Press
ISBN: 9780814797945
Category : Law
Languages : en
Pages : 250

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Book Description
8 Theism and Tolerance

Animal Sacrifice and Religious Freedom

Animal Sacrifice and Religious Freedom PDF Author: David M. O'Brien
Publisher:
ISBN:
Category : History
Languages : en
Pages : 216

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Book Description
The Santeria religion of Cuba—the Way of the Saints—mixes West AfricanYoruba culture with Catholicism. Similar to Haitian voodoo, Santeria has long practiced animal sacrifice in certain rites. But when Cuban immigrants brought those rituals to Florida, local authorities were suddenly confronted with a controversial situation that pitted the regulation of public health and morality against religious freedom. After Ernesto Pichardo established a Santeria church in Hialeah in the 1980s, the city of Hialeah responded by passing ordinances banning ritual animal sacrifice. Although on the surface those ordinances seemed general in intent, they were clearly aimed at Pichardo's church. When Pichardo subsequently sued the city, a federal court ruled in the latter's favor, in effect privileging the regulation of public health and morality over the church's free exercise of its religion. The U.S. Supreme Court heard Pichardo's appeal in 1993 and unanimously decided that the city had overstepped its bounds in targeting this particular religious group; however, the court was sharply divided regarding the basis of its decision. Three concurring opinions registered distinctly different views of the First Amendment, the limits of government regulation, and the religious freedom of minorities. In the end, the nine justices collectively concluded that freedom of religious belief was absolute while the freedom to practice the tenets of any faith were subject to non-discriminatory local regulations. David O'Brien, one of America's foremost scholars of the Court, now illuminates this controversy and its significance for law, government, and religion in America. His lively account takes us behind the scenes at every stage of the litigation to reveal a riveting case with more twists and turns than a classic whodunit. Ranging with equal ease from primitive magic to municipal politics and to the most arcane points of constitutional law, O'Brien weaves a compelling and instructive tale with a fascinating array of politicians, lawyers, jurists, civil libertarians, and animal rights advocates. Offering sharp insights into the key issues and personalities, he highlights cultural clashes large and small, while maintaining a balance for both the needs of government and the religious rights of individuals. The "Santeria case" reaffirmed that our laws must be generally applicable and neutral and may not discriminate against particular religions. Tracing the path to that conclusion, Animal Sacrifice and Religious Freedom provides a provocative and learned account of one of the most unusual and contentious religious freedom cases in American history.

Religious Liberty

Religious Liberty PDF Author: Sylvia Engdahl
Publisher: Greenhaven Publishing
ISBN:
Category : Young Adult Nonfiction
Languages : en
Pages : 216

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Book Description
Contentious issues such as the death penalty, civil liberties, and reproductive rights touch on people's deeply held beliefs. Greenhaven Press's Issues on Trial series captures the passion and depth of those debates, examining how the courts have helped to shape each issue through their rulings. Each volume focuses on a specific issue and includes primary sources like the text of court rulings and dissenting opinions, as well as secondary sources such as analyses and views of the rulings. Offering both historical and contemporary material, each Issue on Trial volume offers a wealth of information on issues currently confronting society. Book jacket.

Banning Black Gods

Banning Black Gods PDF Author: Danielle N. Boaz
Publisher: Penn State Press
ISBN: 0271089628
Category : Law
Languages : en
Pages : 141

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Book Description
Banning Black Gods is a global examination of the legal challenges faced by adherents of the most widely practiced African-derived religions in the twenty-first century, including Santeria/Lucumi, Haitian Vodou, Candomblé, Palo Mayombe, Umbanda, Islam, Rastafari, Obeah, and Voodoo. Examining court cases, laws, human rights reports, and related materials, Danielle N. Boaz argues that restrictions on African diaspora religious freedom constitute a unique and pervasive form of anti-Black discrimination. Emphasizing that these twenty-first-century cases and controversies are not a new phenomenon but rather a reemergence of colonial-era ideologies and patterns of racially motivated persecution, Boaz focuses each chapter on a particular challenge to Black religious freedom. She examines issues such as violence against devotees, restrictions on the ritual slaughter of animals, limitations on the custodial rights of parents, and judicial refusals to recognize these faiths as protected religions. Boaz introduces new issues that have never been considered as a question of religious freedom before—such as the right of Palo Mayombe devotees to possess remains of the dead—and she brings together controversies that have not been previously regarded as analogous, such as the right to wear headscarves and the right to wear dreadlocks in schools. Framing these issues in comparative perspective and focusing on transnational and transregional issues, Boaz advances our understanding of the larger human rights disputes that country-specific studies can overlook. Original and compelling, this important new book will be welcomed by students and scholars of African diaspora religions and discerning readers interested in learning more about the history of racial discrimination