Church of Lukumi Babalu Aye v. Hialeah: Facts

When the Hialeah city council heard of plans to open a Santeria church in their city they held an emergency meeting. The Santeria religion, a blending of African and Roman Catholic religions, practices animal sacrifice during some ceremonies. The council enacted an ordinance prohibiting animal sacrifice but exempted the killing of animals in properly zoned and licensed establishments and when the animals involved were raised for food purposes. Those who killed hogs or cattle in small numbers for sale each week (farmers) were exempted. Claiming that the law violated the First Amendment right to the free exercise of religion, the church filed for injunctive and monetary relief in the US District Court. The Court ruled for the city expressing the view that (1) although the ordinance was not religiously neutral, its effect on the church was incidental to the law's secular purpose and effect; (2) the ordinances were justified by the city's compelling interests in preventing health risks, emotional injury to children, preventing unnecessary cruelty to animals and (3) any more narrow restrictions would be unenforceable because of Santeria's secret nature. The Court of Appeals upheld the decision.


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