Here is an example of Religious Exercise being protected by the Law and the Foundations of the Law
Church of the Lukumi Babalu Aye, Inc. v. Hialeah508 U.S. 520 (1993)
https://supreme.justia.com/cases/federal/us/508/520/case.html
JUSTICE KENNEDY delivered the opinion of the Court, except as to Part II-A-2.t
The principle that government may not enact laws that suppress religious belief or practice is so well understood that few violations are recorded in our opinions. Cf.
McDaniel v.
Paty, 435 U. S. 618 (197
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;
Fowler v.
Rhode Island, 345 U. S. 67 (1953). Concerned that this fundamental nonpersecution principle of the First Amendment was implicated here, however, we granted certiorari. 503 U. S. 935 (1992).
*Briefs of
amici curiae urging reversal were filed for Americans United for Separation of Church and State et al. by
Edward McGlynn Gaffney, Jr., Steven T. McFarland, Bradley P. Jacob, and
Michael W McConnell; for the Council on Religious Freedom by
Lee Boothby, Robert W Nixon, Walter E. Carson, and
Rolland Truman; and for the Rutherford Institute by
John W Whitehead.
Briefs of
amici curiae urging affirmance were filed for the International Society for Animal Rights et al. by
Henry Mark Holzer; for People for the Ethical Treatment of Animals et al. by
Gary L. Francione; and for the Washington Humane Society by
E. Edward Bruce.
Briefs of
amici curiae were filed for the United States Catholic Conference by
Mark E. Chopko and
John A. Liekweg; for the Humane Society of the United States et al. by
Peter Buscemi, Maureen Beyers, Roger A. Kindler, and
Eugene Underwood, Jr.; for the Institute for Animal Rights Law et al. by
Henry Mark Holzer; and for the National Jewish Commission on Law and Public Affairs by
Nathan Lewin and
Dennis Rapps.
tTHE CHIEF JUSTICE, JUSTICE SCALIA, and JUSTICE THOMAS join all but Part II-A-2 of this opinion. JUSTICE WHITE joins all but Part II-A of this opinion. JUSTICE SOUTER joins only Parts I, III, and IV of this opinion.
524 CHURCH OF LUKUMI BABALU AYE, INC.
v. HIALEAH
Our review confirms that the laws in question were enacted by officials who did not understand, failed to perceive, or chose to ignore the fact that their official actions violated the Nation's essential commitment to religious freedom. The challenged laws had an impermissible object; and in all events the principle of general applicability was violated because the secular ends asserted in defense of the laws were pursued only with respect to conduct motivated by religious beliefs. We invalidate the challenged enactments and reverse the judgment of the Court of Appeals.
I A
This case involves practices of the Santeria religion, which originated in the 19th century. When hundreds of thousands of members of the Yoruba people were brought as slaves from western Africa to Cuba, their traditional African religion absorbed significant elements of Roman Catholicism. The resulting syncretion, or fusion, is Santeria, "the way of the saints." The Cuban Yoruba express their devotion to spirits, called
oris has, through the iconography of Catholic saints, Catholic symbols are often present at Santeria rites, and Santeria devotees attend the Catholic sacraments. 723 F. Supp. 1467, 1469-1470 (SD Fla. 1989); 13 Encyclopedia of Religion 66 (M. Eliade ed. 1987); 1 Encyclopedia of the American Religious Experience 183 (C. Lippy & P. Williams eds. 198
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.
The Santeria faith teaches that every individual has a destiny from God, a destiny fulfilled with the aid and energy of the
oris has. The basis of the Santeria religion is the nurture of a personal relation with the
oris has, and one of the principal forms of devotion is an animal sacrifice. 13 Encyclopedia of Religion,
supra, at 66. The sacrifice of animals as part of religious rituals has ancient roots. See generally 12 id., at 554-556. Animal sacrifice is mentioned throughout the Old Testament, see 14 Encyclopaedia Judaica 600, 600-
721 F.2d 729, 734 (CAll 1983), cert. denied, 469 U. S. 827 (1984). The court found four compelling interests. First, the court found that animal sacrifices present a substantial health risk, both to participants and the general public. According to the court, animals that are to be sacrificed are often kept in unsanitary conditions and are uninspected, and animal remains are found in public places. 723 F. Supp., at 1474-1475, 1485. Second, the court found emotional injury to children who witness the sacrifice of animals.
Id., at 1475-1476, 1485-1486. Third, the court found compelling the city's in-
936 F.2d 586 (1991). Choosing not to rely on the District Court's recitation of a compelling interest in promoting the welfare of children, the Court of Appeals stated simply that it concluded the ordinances were consistent with the Constitution. App. to Pet. for Cert. A2. It declined to address the effect of
Employment Div., Dept. of Human Resources of Ore. v.
Smith, 494 U. S. 872 (1990), decided after the District Court's opinion, because the District Court "employed an arguably stricter standard" than that applied in
Smith. App. to Pet. for Cert. A2, n. 1.
310 U. S. 296, 303 (1940), provides that "Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof .... " (Emphasis added.) The city does not argue that Santeria is not a "religion" within the meaning of the First Amendment. Nor could it. Although the practice of animal sacrifice may seem abhorrent to some, "religious beliefs need not be acceptable, logical, consistent, or comprehensible to others in order to merit First Amendment protection."
Thomas v.
Review Bd. of Indiana Employment Security Div., 450 U. S. 707, 714 (1981). Given the historical association between animal sacrifice and religious worship, see
supra, at 524-525, petitioners' assertion that animal sacrifice is an integral part of their religion "cannot be deemed bizarre or incredible."
Frazee v.
Illinois Dept. of Employment Security, 489 U. S. 829, 834, n. 2 (1989). Neither the city nor the courts below, moreover, have questioned the sincerity of petitioners' professed desire to conduct animal sacrifices for religious reasons. We must consider petitioners' First Amendment claim.
In addressing the constitutional protection for free exercise of religion, our cases establish the general proposition that a law that is neutral and of general applicability need not be justified by a compelling governmental interest even if the law has the incidental effect of burdening a particular religious practice.
Employment Div., Dept. of Human Resources of Ore. v.
Smith, supra. Neutrality and general applicability are interrelated, and, as becomes apparent in this case, failure to satisfy one requirement is a likely indication that the other has not been satisfied. A law failing to satisfy these requirements must be justified by a compelling governmental interest and must be narrowly tailored to advance