Print Сite this

Lukumi Babalu Aye and City of Hialeah Comparison

Facts of the case

The Church of Lukumi Babalu Aye, Inc. a non-profit religious denomination practiced Santeria religion together with its congregants. Santeria is a form of religious practice that originated in the 19th century and it involves animal sacrifices as a principal element of their devotion to the religion. Under the Santeria religion killing of animals involves cutting of the carotid arteries, which are then cooked for consumption, however eating could take place in all the Santeria ritual with the exception of death and healing rites. In April 1987 the Church of Lukumi Babalu Aye, Inc leased land in the city of Hialeah, Florida with plans of building a house of worship among other projects such as establishing a school, museum as well as cultural center1. The church had a goal of spreading their faith and the practice of the Santeria religion, which involves rituals of animal sacrifices. The church managed to acquire all the requisite licenses and permits after conduct of zoning approvals and inspections, however difficult it was in august, 1987.

We will write a
custom essay
specifically for you

for only $16.05 $11/page
308 certified writers online
Learn More

Upon hearing of the Church of Lukumi Babalu Aye, Inc’s plans to establish a house of worship and other amenities in the city of Hialeah, Florida the City Council convened an emergency passing session whereby they ratified a number of resolutions and ordinances for addressing the sacrifices of animals by religions2. The following resolutions were adopted in the ordinances noting several issues ranging from the concern of the members of the Hialeah community as well as the interests of the municipality. First, the ordinance outlined the residents’ concern of the emergence of churches that engage in practices that infringe public peace, health morals, and safety. Another ordinance that takes into account the Florida animal cruelty law was approved to prohibit unnecessary or cruel killing of animals, thus opposing ritual sacrifices of animals within Hialeah3.

Another key ordinance approved by the City of Hialeah defined sacrifice “to unnecessary kill, torment, torture, or mutilate an animal in a public or private ritual or ceremony not for the primary purpose of food consumption”4. Additionally the ordinance prohibited ownership or possession of any animal with the intention of using the animal for food purposes. The final ordinance defined slaughter as “the killing of animals for food” and as such, the ordinance banned slaughtering done outside the demarcated area for slaughterhouse use5. Failure to observe the set ordinances could lead to punishment by fines limited to $500 or equivalent of 60 days imprisonment and in certain circumstances both penalties could apply.

Upon the enactment of the ordinances approved by the City Council, Church of the Lukumi Babalu Aye Inc. petitioned the Southern District Court of Florida claiming infringement of the free exercise clause protected by the First Amendment. However, the District court claimed that the church suffered no violation against their right to free exercise as per the First Amendment. The case was later transferred to Court of Appeal for the Eleventh Circuit who also upheld the regulations6.

Issue of the case

The major issue that arises between the Church of the Lukumi Babalu Aye and City of Hialeah involves whether the ordinances violated the First Amendment right of free exercise relating to the church and if it does what remedies are available to settle the mater equitably.

How religion played an important part in the case

Religion is one of the vital components of the society and as such, the government has protected the conduct and belief of various religions since the independence through the constitution. Through the constituents of the First Amendment, in particular establishment and the free exercise clauses, the constitution has clearly outlined the extent of government intervention and involvement in the constitution matters. As such, it is vital that the jury tackle issues relating to religion with a lot of care to avoid violating the rights granted to the churches being a vital organ of religion. It was obvious that the defendant was going to lose in the case between the Churches of the Lukumi Babalu Aye v. City of Hialeah relating to the Santeria religion owing to a number of factors as expressed below.

The Free Exercise Clause of the First Amendment, which has further been extended to states and all the local governments by the Fourteenth Amendment, broadly outlines that Congress at any time, shall not enact laws relating to the establishment of religion or prohibiting the free exercise of religion7. In fact the First Amendment restrict the congress from preferring one religion to another, set up a national religion or discriminate any non-religion and vice versa. Additionally, no individual as well as a group of persons will be tormented or discriminated based on their religion by the government. It is undoubtedly that the Hialeah city disliked the Santeria religion and they had to prevent it by enacting the ordinances that would ban it and this act is unconstitutional considering that it only targeted a particular religion8.

Get your
100% original paper
on any topic

done in as little as
3 hours
Learn More

It is note worthy that “Under the Free Exercise Clause, a law that burdens religious practice need not be justified by a compelling governmental interest if it is neutral and of general applicability”9. However, it is noted that laws that are not neutral and of general applicability must be scrutinized rigorously. Free exercise clause further outlines that all laws that are not neutral and general applicable, must be of compelling government interest and should only emphasize on advancing the interest for it to be considered an infringement to the First Amendment right of free exercise of religion10. The fact that religion is highly protected by the constitution clearly indicates how religion plays a plausible role in settling the court case. The majority had to analyze the constitution in relation to the City Council’s decision to restrict Santeria religion.

The concept of protecting religion from government institutions can be traced back to period of independence when the founding father of America Thomas Jefferson wrote a letter to the Danbury Baptists association. The ideas he expressed in his letter were entrenched into the First Amendment giving religions the rights to establishment and free exercise either by conduct or by belief.

This case play a vital role in promoting the rights granted to religion by the First Amendment. The Supreme Court clear analyzed the rights established in First Amendment thereby creating the precedence for understanding religion as per the provisions of the First amendment. It is undoubtedly that religion is a key aspect in the united states society and it is as if the majority of the majority of the American beliefs in the powers of the creator. This is evident in the declaration of independence as the fore fathers expressed their belief that all men were created equal and grated certain rights by their creator that cannot be detached at any time of life among them being right to life, liberty and the pursuit of happiness.

Bibliography

Merriman, Scott. (2007). Religion and the law in America: an encyclopedia of personal belief and public policy, Volume 1. California: ABC-CLIO, Inc.

US Supreme Court. (1993). church of lukumi babalu aye v. city of Hialeah, 508 U.S. 520 (1993). Findlaw. Web.

Footnotes

  1. US Supreme court. (1993). church of lukumi babalu aye v. city of Hialeah, 508 U.S. 520 (1993). Findlaw. Web.
  2. US Supreme court. (1993). church of lukumi babalu aye v. city of Hialeah, 508 U.S. 520 (1993). Findlaw. Web.
  3. US Supreme court. (1993). church of lukumi babalu aye v. city of Hialeah, 508 U.S. 520 (1993). Findlaw. Web.
  4. US Supreme court. (1993). church of lukumi babalu aye v. city of Hialeah, 508 U.S. 520 (1993). Findlaw. Web.
  5. US Supreme court. (1993). church of lukumi babalu aye v. city of Hialeah, 508 U.S. 520 (1993). Findlaw. Web.
  6. Merriman, S. (2007). Religion and the law in America: an encyclopedia of personal belief and public policy, Volume 1. California: ABC-CLIO, Inc.
  7. US Supreme court. (1993). church of lukumi babalu aye v. city of Hialeah, 508 U.S. 520 (1993). Findlaw. Web.
  8. Merriman, S. (2007). Religion and the law in America: an encyclopedia of personal belief and public policy, Volume 1. California: ABC-CLIO, Inc.
  9. US Supreme court. (1993). church of lukumi babalu aye v. city of Hialeah, 508 U.S. 520 (1993). Findlaw. Web.
  10. US Supreme court. (1993). church of lukumi babalu aye v. city of Hialeah, 508 U.S. 520 (1993). Findlaw. Web.

Cite this paper

Select style

Reference

StudyCorgi. (2022, January 13). Lukumi Babalu Aye and City of Hialeah Comparison. Retrieved from https://studycorgi.com/lukumi-babalu-aye-and-city-of-hialeah-comparison/

Reference

StudyCorgi. (2022, January 13). Lukumi Babalu Aye and City of Hialeah Comparison. https://studycorgi.com/lukumi-babalu-aye-and-city-of-hialeah-comparison/

Work Cited

"Lukumi Babalu Aye and City of Hialeah Comparison." StudyCorgi, 13 Jan. 2022, studycorgi.com/lukumi-babalu-aye-and-city-of-hialeah-comparison/.

1. StudyCorgi. "Lukumi Babalu Aye and City of Hialeah Comparison." January 13, 2022. https://studycorgi.com/lukumi-babalu-aye-and-city-of-hialeah-comparison/.


Bibliography


StudyCorgi. "Lukumi Babalu Aye and City of Hialeah Comparison." January 13, 2022. https://studycorgi.com/lukumi-babalu-aye-and-city-of-hialeah-comparison/.

References

StudyCorgi. 2022. "Lukumi Babalu Aye and City of Hialeah Comparison." January 13, 2022. https://studycorgi.com/lukumi-babalu-aye-and-city-of-hialeah-comparison/.

References

StudyCorgi. (2022) 'Lukumi Babalu Aye and City of Hialeah Comparison'. 13 January.

This paper was written and submitted to our database by a student to assist your with your own studies. You are free to use it to write your own assignment, however you must reference it properly.

If you are the original creator of this paper and no longer wish to have it published on StudyCorgi, request the removal.