CL.10 - Church of Lukumi Babalu Aye v. City of Hialeah...

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Church of Lukumi Babalu Aye v. City of Hialeah Unconstitutional an ordinance passed in Hialeah, Florida that forbade the "unnecessar[y]" killing of "an animal in a public or private ritual or ceremony not for the primary purpose of food consumption law was enacted soon after the city council of Hialeah learned that the Church of Lukumi Babalu Aye, which practiced Santería “not for the primary purpose of food consumption” Three parts of legislation Can’t kill unless for food Sacrifice issues Limit action to slaughterhouses District Court Strict scrutiny Compelling interest is used if there’s a direct burden Kennedy “broad ordinances prohibit Santeria sacrifice even when it does not threaten the city's interest in the public health” Santeria sacrifices would be illegal even if they occurred in licensed, inspected, and zoned slaughterhouses They fail to prohibit non religious conduct that endangers these interests in a similar or greater degree than Santeria sacrifice does why religion alone must bear the burden of the ordinances, when many of these secular killings fall within the city's interest in preventing the cruel treatment of animals Legislators may not devise mechanisms, overt or disguised, designed to persecute or oppress a religion or its practices Whether the law is facially neutral Motivation of law History/context and worried about church moving in Who does law affect? If law isn’t connected to interest of state Scalia Virtually impossible to determine the singular "motive" of a collective legislative body and this Court has a long tradition of refraining from such inquiries The First Amendment
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This note was uploaded on 11/02/2009 for the course POLITICS CIVIL LIBE taught by Professor Kahn during the Spring '08 term at NYU.

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CL.10 - Church of Lukumi Babalu Aye v. City of Hialeah...

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