Getting Away with Murder
By Ian Hackmann, 09.27.06
With the rise of Wicca, New Age and pagan religions in the United States, specifically Santeria, laws prohibiting animal sacrifice are once again being examined. Some may find it surprising that animal sacrifice may be perfectly legal as defined by the Free Exercise Clause of the U.S. Constitution.
The Supreme Court ruling in the Church of Lukuma Babalu Aye vs. City of Hialeah, SCT 1993, redefined the laws regarding animal sacrifice. This ruling found that laws specifically prohibiting religious, animal sacrifice were a violation of the U.S. Constitution’s Free Exercise Clause.
Instantly, laws specifically targeting animal sacrifice became unconstitutional in the United States.
To compensate, states and municipalities passed religiously neutral laws by banning animal sacrifice through cruelty to animals and public health legislation.
In Virginia, for example, it is also illegal to kill companion animals. Although the definition of companion is undefined, it most assuredly refers to cats and dogs. It is also illegal to possess animals for the purpose of animal sacrifice.
Officer Sheila Irving of the Virginia Beach Police Department is satisfied with the current laws. She said that incidents of animal sacrifice are rare and prosecutions for violations result in 90 percent success.
“Being more restrictive may box enforcement officers into a corner,” Irving said.
As for now, animal sacrificing religions have agreed to abide by the law.
The official theistic instruction from the Church of Satan discourages animal sacrifice. It advises that if a sacrifice is necessary, then the initiator needs to go to a rural area, since most urban centers ban all animal killing outright for health reasons. Consultation with local, legal authorities, specifically a lawyer, should be accomplished before proceeding.
And the Religious Law Organization (RLO) indicates that Santeria is generally “very diligent about complying with all applicable laws,” only asserting their rights so far as to ensure their right to proceed with animal sacrifice.
Wicca, however, has a less solid legal position to defend animal sacrifice. This is because Wiccans have not conscribed to any doctrinal position. They would most likely be treated in the same manner as a separatist cult.
Since laws may be ignored, animal rights lovers seek their own way of protection.
Tina Stalling, a volunteer at animal adoption agencies in Virginia Beach, Va., is unaware if any of the animals she has put up for adoption have been used for animal sacrifice. She assures that the organizations she volunteers for have procedures to discourage if not prevent such an occurrence.
“We screen our adoption candidates very carefully,” she said.
She also asserts that they have an extensive database to track frequent adoptions - primary indications of animal abuse. For those facilitating adoption of animals out of their homes, she also advises a nominal fee.
“If they have to pay for the animal, they are less likely to hurt it,” Stalling said.
There are many laws that protect animals from cruelty. Laws specifically banning religious, animal sacrifice though are unconstitutional. While religions exist that continue to sacrifice animals, courts continue to redefine and clarify what separates animal cruelty from freedom of religion.
