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Animal Sacrifice and Religious Freedom: Church of the Lukumi Babalu Aye v. City of Hialeah, by David M. O'Brien
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Review
"American religious historians will find here a readable case study that illuminates the intersection of law and minority religious experience."—Religious Studies Review"O’Brien’s study is well written and provides ample background on the significance and history of the interpretations of the first amendment’s clauses dealing with religion, as well as an even-handed, balanced presentation of arguments on both sides of the case. . . . O'Brien’s study is written so as to engage the general, nonacademic reader interested in the topic of freedom of religion, American pluralism, and a story of the underdog against the state. It will be the definitive study of this landmark Supreme Court case for a long time to come."—American Historical Review"This book contains an excellent account of the current state of jurisprudence in the area of religious liberty. Highly recommended."—Choice"Students of immigration, jurisprudence, religion, and animal rights will find this study intriguing."—History: Reviews of New Books"An engaging book. O’Brien has done a wonderful service to scholars of law, religion, immigration,and American history. . . . The book should be received with appreciation and acclaim by general readers and experts alike, and should shed some welcome light on the flourishing African-derived religions in the United States, which are still so misunderstood and maligned in popular discourse. This is a fascinating story well told, which should be a source of pride for those whose relationship to the divine entails animal sacrifice, and to anyone who cherishes religious freedom as one of the greatest things about the United States."—Florida Historical Quarterly"A fascinating tale told with O'Brien’s signature stylish flair and deep understanding of the legal issues central to this case. Should appeal to anyone who loves a great story and cares about the tug-of-war between government regulation and religious freedom."—Nadine Strossen, President, American Civil Liberties Union, and Professor of Law, New York Law School"A riveting, blow-by-blow account of one of the most interesting religious freedom cases to be decided by the Supreme Court in the twentieth century. The mix of unorthodox religious practice, religious persecution, political intrigue, and pursuit of justice make for a superb story that will fascinate general and expert readers alike."—Derek Davis, author of Original Intent: Chief Justice Rehnquist and the Course of American Church/State Relations"O'Brien is both a fine scholar and master storyteller and his book is an important contribution to the understanding of the dynamics of minority religion in America. He has a sharp eye for colorful characters as well as legal principle, and he guides us easily through the tangled immigrant politics of South Florida, the history of American law concerning religious freedom, and the exchanges among litigants, amici, attorneys, and judges on the road to decision."—Joseph M. Murphy, author of Santeria: African Spirits in America
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From the Back Cover
A fascinating tale told with O'Brien's signature stylish flair and deep understanding of the legal issues central to this case. Should appeal to anyone who loves a great story and cares about the tug-of-war between government regulation and religious freedom.--Nadine Strossen, President, American Civil Liberties Union, and Professor of Law, New York Law School A riveting, blow-by-blow account of one of the most interesting religious freedom cases to be decided by the Supreme Court in the twentieth century. The mix of unorthodox religious practice, religious persecution, political intrigue, and pursuit of justice make for a superb story that will fascinate general and expert readers alike.--Derek Davis, author of Original Intent: Chief Justice Rehnquist and the Course of American Church/State Relations
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Product details
Series: Landmark Law Cases and American Society
Paperback: 208 pages
Publisher: Univ Pr of Kansas (April 10, 2004)
Language: English
ISBN-10: 070061303X
ISBN-13: 978-0700613038
Product Dimensions:
5.2 x 0.8 x 8.2 inches
Shipping Weight: 9.9 ounces (View shipping rates and policies)
Average Customer Review:
4.3 out of 5 stars
7 customer reviews
Amazon Best Sellers Rank:
#228,057 in Books (See Top 100 in Books)
This is one case work study that ANY Minister should have in their library just to consider for its fundamentals - this is real law being applied in a religious matter and what was wrong and right in the situation as it unfolded - a true lesson in how our legal system views and should view religion and religion in respect viewing government. - Good book - get one!-Rev. Manuel Colunga-Hernandez
The actual story that this book is about (the legal battles of the Church of Lukumi Babalu for the right to exist), is pretty interesting. However, the author uses lots of legal jargon, and the writing style makes the whole experience a bit dry.From an academic standpoint, the book is great - tons of information and details about the cases.But from an entertainment standpoint, it feels pretty slow at times, and gives you the feeling that it could have been condensed to a far shorter (and more interesting) version.
I remember reading through this book at the library because I was interested in this case, even though I found it gross. I grew up in Miami in the Morningside neighborhood, and I can remember going to Morningside Park as a child and seeing the carcasses of chickens left in the park. When I asked an aunt about it she told me that a crazy religion amongst the Cubans were responsible for leaving them in the park. It idefinitely seemed pretty scary to me. Later, I studied with one of the foremost scholars on Santeria, Rev. Juan Sosa. So I feel that I know enough about this topic conceptually that I am able to look past feeling "grossed out" by the topic and focus on the underlying issues. For this excellently written book is important not just just for legal precedent but for the archaeology of ideas on the idea of Religious Freedom. For in fact the very squeamishness of this topic forces one to ask very dramatically, where does the idea of religious freedom come from?? In our modern society where we take religious freedom for granted we sort of assume that religious freedom must have come from religion somehow. And since a lot of people are traditional religionists we are tempted to believe that somehow these traditional religions got their act together eventually through the trajectory of history and produced the lovely result of religious freedom. But the best argument against this topic is not just individual arguments, but the cumulative testimony of all history. We can say clearly that there is simply almost no evidence whatsoever of traditional religions being the wellspring of religious freedom before the age where that very freedom was already an accomplished fact. Almost none. So if we want to find the genesis of religious freedom in Western Culture we must look outside the religious realm per se. We are also unlikely to find it in political philosophies which are intrinsically intolerant of faiths. One place to look for it, which is supported by plenty of historical evidence is in Freemasonry properly understood, but that is the topic for another very serious discussion.It is crucial to grasp these matters properly in light of the continued projections of a major player in the trajectory of this very case in Hialeah. That is the Roman Catholic Church. The views of the Catholic Church colored the whole background to the views of the lawmakers of the government of Hialeah. Catholic lawyers and Catholic legal scholars have a variety of views no doubt. But we can see the very background assumptions of their view on the issue of religious freedom by the legal fate of this case. In a way it is much better to focus on a very particular and squeamishly particular case than to talk in the abstract, or on the level of "principle" in order to understand the views of the Roman Catholic Church, which no doubt comprises the faith choice of the vast majority of residents of Hialeah. You could not see the very opaque character of the abstract level of discourse on this matter than in Pope Benedict's trip to England. It might seem strange to set a up polarities between Hialeah and the Pope in London but not really if you want to see the real nature of religious freedom. The exquisite architecture of English Gothic churches don't sit easily as an image with the notion of tawdry chicken sacrifices in Hialeah. But from this perspective the idea that Catholic philosophy per se should be seen as a wellspring of religious freedom is just about as unlovely and improbable as a Santeria dead chicken. But on EWTN's coverage of Pope Benedict's speech about civil discourse the ever- tendentious and spectacularly historically fabulist Fr. Robert Sirico of the Acton Instititute prattled on and on in the abstract about Catholic philosophy supposedly being a bolster for religious freedom. Now perhaps Fr. Sirico has a strong enough belief in limited government that he would have supported the rights of the animal sacrificers in this matter. And there might have been a good Chicken Cacciatore coming hypothetically his way as result, who knows! But the particularities of this important chicken matters for the Catholic Church (in more ways than one of course!) shows that religious freedom hardly belongs in the history of religions per se.
We as a culture slaughter animals by the millions, in large death factories that inhumaely kill these animals and wrap the bits and pieces up in nice and tidy cellophane containers so Americans can eat meat without having to do anything as un-christian as kill a living being.What RARELY, if ever gets mentioned is that in Santeria (as it is in all ATR's) The animal is ritually cleansed and killed, with the blood offered to the Orisha, and the meat is then eaten in a feast by the worshippers. The Kosher Jewish practice, the animals are ritually slaughtered in the most humane way possible.Even in the bible, the Christian God demands blood/animal sacrificeWith my white-bread secular upbringing, Even I can respect and uphold the practices of animal sacrifice in the righteous manner that is practiced by folks who are true to the path of La Regla.
The book narrates the judicial dispute between Ernesto Pichardo, a Cuban immigrant, and the city of Hialeah for the establishment of the Church Lukumi Babalu Aye. The Church practices the religion of Santeria, a mix of old African religions and Catholicism, and performs ritual sacrifices of chicken. The city passed a law prohibiting animal sacrifices and made the foundation of the church impossible.The dispute goes all the way to the Supreme Court, raising issues about the limits of religious freedom and the protection of animals and involving diverse groups of the society. Although the Supreme Court justices unanimously decided that the city ordinances were discriminatory, the basis for the decisions differed greatly. Some of the arguments in favor of the end of the Hialeah's law against animal sacrifice were that is was generic, against the mistreatment of animals, and not particularly against that church. The arguments in favor of the Church were that the law was biased, created to attack the church and the religious values of the minorities, and not to protect the animals in generalO'Brien analyzes this dispute in a political, legal and cultural way, offering exceptional insights and important information that add new prospects to the discussion. The book begins with a presentation of Ernesto Pichardo's life and to the origin and practices of the religion of Santeria. Then it makes an explanation about the politic matters underlying the litigation and describes the evolution of the courts decisions regarding religious liberty. The last chapters of the book analyses the different stages of the litigation, providing "behind the scenes" information that go beyond a superficial understanding of the case.The book is easy to understand and may interest the academic reader as well as the general public. The author's approach to the case clarifies the issues that motivate the litigation, and raises an important discussion about the limits for the religious freedom rights and for the creation of government policies, as well as the politic situation of the contemporary United States.
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Juni 28, 2017
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