Church of Lukumi Babalu Aye, Inc. v. City of Hialeah 1993

• Author: Daniel Brannen, Richard Hanes, Elizabeth Shaw
• Pages: 151-155

Contenidos

• No religious persecution in America.
• Suggestions for further reading.

Page 151

Petitioner: Church of Lukumi Babalu Aye, Inc.

Respondent: City of Hialeah

Petitioner's Claim: That city laws prohibiting animal sacrifices during religious ceremonies violated the First Amendment freedom of religion.

Chief Lawyer for Petitioner: Douglas Laycock

Chief Lawyer for Respondent: Richard G. Garrett

Justices for the Court: Harry A. Blackmun, Anthony M. Kennedy (writing for the Court), Sandra Day O'Connor, William H. Rehnquist, Antonin Scalia, David H. Souter, John Paul Stevens, Clarence Thomas, Byron R. White

Justices Dissenting: None

Date of Decision: June 11, 1993

Decision: The laws violated the freedom of religion.

Significance: The decision is a recent reminder that laws may not target religious activity with unfair treatment.

Santería is a religion that developed among African slaves in Cuba in the 1800s and then spread to the United States in 1959. Santeros, as the followers are called, combine a traditional African religion with Roman Catholicism. They use Catholic saints to worship African spirits called

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orishas. Santeros believe orishas help them follow their destiny, and that orishas need animal sacrifices to live. This means animal sacrifices are an important part of the Santería religion. Santeros usually worshiped in private because in Cuba they were persecuted, or punished, for practicing their religion.

Associate Justice Anthony M. Kennedy. Reproduced by permission of Archive Photos, Inc.

In April 1987, a Santería church called the Church of Lukumi Babalu Aye leased land in the city of Hialeah, Florida. The church planned to build a house of worship, school, cultural center, and museum. The president of the church, Ernesto Pichardo, said that the church's goal was to bring the practice of the Santería faith, including animal sacrifices, into the open.

Some people in Hialeah did not want Santeros to practice animal sacrifices in the city. They said animal sacrifices were offensive to human morals and a cruelty to animals. They also said animal sacrifices would create health hazards in the city. The Hialeah city council passed laws, called ordinances, prohibiting animal sacrifices for religious ceremonies.

The church filed a lawsuit against the city. It argued that the city ordinances violated the Free Exercise Clause in the First Amendment by preventing Santeros from practicing their religion. The Free Exercise...