Santeria priest's case will go to U.S. court today

[Im The Truth]

Santeria priest's case will go to U.S. court today
Posted on Mon, Mar. 10, 2008
By JESSICA DeLEÓN
Star-Telegram Staff Writer

EULESS -- A federal judge will hear arguments today about whether Euless' ban on cruelty to animals infringes upon religious freedom. Jose Merced, a priest in the Santeria religion, has sued Euless, saying the city is infringing on his religious liberties by forbidding him to sacrifice goats and other animals during ceremonies.

Euless officials say the sacrifices would violate ordinances against animal cruelty, keeping livestock and disposal of animal waste.

The background

In May 2006, Merced and 10 other church members were at his house a day before a planned ceremony when a Euless police officer and an animal control officer knocked on his door.

A resident had tipped off police that Merced, president of Templo Yoruba Omo Orisha Texas, and his group would sacrifice goats, according to police reports and court documents.

The officer did not see any goats, and Merced said he would not sacrifice any animals.

A month later, Merced and a priest from Puerto Rico met with Euless officials, who told him that the city would not issue a permit for their ceremonies.

Merced sued in December 2006.

In 2007, the city offered Merced a compromise to help settle the lawsuit -- he could kill chickens, which city law allows, but not goats. The city would still enforce its animal cruelty ordinance and its ban against killing livestock.

Merced declined.

The plaintiff's view

Merced's attorney, John Wheat Gibson, said Merced v. City of Euless is a "vanilla First Amendment case."

People "have a right to practice religion in their homes if they're not bothering anyone," he said.

He said the city needs to show evidence if there's been any cruelty to livestock.

In his affidavit, Merced, a flight attendant, said the chickens and goats are slaughtered quickly and then eaten.

"I just want to do the right thing and legal way and try to find a happy medium and practice my religion, which is protected by the U.S. Constitution," he said.

He hasn't had any ceremonies since 2006.

"Do I miss it? Of course," Merced said.

The city's view

The city's attorney for the case, Mick McKamie, said the city is treating Merced like any other resident.

During some ceremonies, the group kills at least six goats and more than 20 chickens, McKamie said.

"That's a lot of animal waste to dispose of," he said.

McKamie said the ordinances, which have been in place since 1974, are similar to those in other area communities.

"The city is in the business to protect health and safety," McKamie said. "We don't inquire into people's beliefs."

The religion

Santeria, deriving from Central and West African religions and Spanish Catholicism, was transported by slaves to Cuba and Puerto Rico. Santeria practitioners believe in a supreme deity called Oludumara, who is the creator and sustaining spirit that guides everything.

Lesser gods are called Orishas and have their own powers.

Each Orisha must be served and placated in some way -- such as by religious ecstasy or possession or by animal sacrifice, said Darren Middleton, associate professor of religion at Texas Christian University.

The court's view

When a Santeria church moved to Hialeah, Fla., in 1987, the City Council passed an ordinance that prohibited owning animals for sacrifice, making exceptions for slaughterhouses, said Paul Collins, assistant professor of political science at the University of North Texas in Denton.

The church sued the city, saying it was unconstitutional to target an ordinance at a church instead of applying to everybody. The U.S. Supreme Court ruled in favor of the church in 1993. "Ultimately, the issue comes down whether the law is general or neutral," Collins said.

This report includes material from the Star-Telegram archives.

[Warrior Princess]

They are very serious about animal cruelty but turn a blind eye when the issue is human cruelty (oh yes, "3/5 human" cruelty...). As an aside, though, what could be more of an example of animal cruelty than deer or (insert animal of choice here) hunting as a sport or better yet... What could be more cruel than basically keeping an animal in captivity (in cage, back yard or house) and forcing it to live in ways that is everything but its natural way? Is it truly, in any way, NOT animal cruelty for an animal to be a "pet"?