NCJ Number
170727
Journal
Social Justice Research Volume: 9 Issue: 3 Dated: (September 1996) Pages: 259-280
Date Published
1996
Length
22 pages
Annotation
This paper examines the limitations on the constitutional right to religious freedom when a religion's particular practices conflict with dominant cultural norms and laws.
Abstract
The city council of Hialeah, Fla., in an effort to restrict the practice of animal sacrifice by followers of the Santerian religion, passed a series of ordinances that had the effect of specifically prohibiting Santerian ritual animal sacrifices. The city insisted that it was merely protecting the best interests of the entire community by restricting behavior that was deemed cruel to animals, endangered the public health, and posed a potential threat to minors. When viewed in the context of such a conflict between a minority religious practice and dominant cultural norms, it is clear that the First Amendment's guarantee of the free exercise of religion refers to a broadly theistic, possibly establishmentarian Protestant variety. This suggests that those religious communities who find themselves outside of this description will face the complicated dilemma over conflicting authorities, i.e., their own particularistic ones and those derived from the general population as reflected in the written and unwritten constitutions. They must either sacrifice their particularism to be part of the establishment, or they must sacrifice being a part of the establishment by adhering to their particularism. In either case, minority religious communities are required to make a choice, and any rhetoric about religious freedom seems hollow. 66 references