'Serpent-Handling' West Virginia Pastor Dies From Snake Bite - Page 4 - FaunaClassifieds
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Old 12-06-2012, 09:23 AM   #31
IMAJACOBIAN
That is very interesting. I found it on wiki with just an outline here http://en.wikipedia.org/wiki/Church_...ity_of_Hialeah

Text followed is copied from wiki from above said link.
"Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993),[1] was a case in which the Supreme Court of the United States held that an ordinance passed in Hialeah, Florida, forbidding the "unnecessar[y]" killing of "an animal in a public or private ritual or ceremony not for the primary purpose of food consumption", was unconstitutional. The law was enacted soon after the city council of Hialeah learned that the Church of Lukumi Babalu Aye, which practiced Santería, was planning on locating there. Santeria is a religion practiced in the Americas by the descendants of Africans; many of its rituals involve animal sacrifice. The church filed a lawsuit in United States district court for the Southern District of Florida, seeking for the Hialeah ordinance to be declared unconstitutional.

Adhering to Employment Division v. Smith, the lower courts deemed the law to have a legitimate and rational government purpose and therefore upheld the enactment. The Supreme Court, however, held that the ordinances were neither neutral nor generally applicable: rather, they applied exclusively to the church. Because the law was targeted at Santería, the Court held, it was not subject to an undemanding rational basis test. Rather, the nature of the case was held to mandate a standard of strict scrutiny: state action had to be justified by a compelling governmental interest, and be narrowly tailored to advance that interest. Because the ordinance suppressed more religious conduct than was necessary to achieve its stated ends, it was deemed unconstitutional, with Justice Anthony Kennedy stating in the decision, “religious beliefs need not be acceptable, logical, consistent or comprehensible to others in order to merit First Amendment protection”.[2]

Somewhat similarly in 2009, a freedom of religion case related to animal sacrifice was taken to the 5th U.S. Circuit Court of Appeals in the case of Jose Merced, President Templo Yoruba Omo Orisha Texas, Inc., v. City of Euless.[3] The court ruled that the Merced case of the freedom of exercise of religion was meritorious and prevailing and that Merced was entitled under the Texas Religious Freedom and Restoration Act (TRFRA) to an injunction preventing the city of Euless, Texas from enforcing its ordinances that burdened his religious practices relating to the use of animals[4], (see Tex. Civ. Prac. & Rem. Code § 110.005(a)(2)) without the court having to reach his claims under the First and Fourteenth Amendments."




I'm sure that this is just an outline, but is very interesting and I agree with their decision.

Jacob
 
Old 12-06-2012, 03:40 PM   #32
Mike Schultz
I dont have any issues with them being allowed to do it, i just said it was stupid. If i posted pics of me freehandling my canebrakes i would expect somebody to call me stupid too.
 
Old 12-06-2012, 03:48 PM   #33
IMAJACOBIAN
I'm sure I would be thinking it. I have seen people free handle Cobras in person and almost walked away. I even said told him he didn't have to do that to show me. It was my first on hands experience with any cobras. I would think it, but as long as you don't endanger a bystander, why is it my right to say you can't do that. I don't agree with the practice at all, but as a religious standpoint, it's not my right to dictate that that practice is wrong.

We all take calculated risks in our lives. Driving a car is a calculated risk. Not too camparable to an unneccesary(my opinion) risk, but still a risk that people take. Working with hots even in a safe manner can be risky, but I have chosen to take that risk.

Jacob
 

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