Is the Death Knell Sounding for Animal Rights - the Sacrifice of Animals for Religious Purposes under the Guise of the First Amendment Right to the Free Exercise of Religion

Authors

Mercedes A. Sanchez

First Page

217

Document Type

Comment

Abstract

As a result of several Supreme Court decisions and a recent legislative enactment, it has become increasingly more difficult to protect animal rights through legislation. This is particularly true when the legislation is challenged as unduly encroaching upon the free exercise of religion. This comment questions the Court's most recent application of the strict scrutiny standard in free exercise challenges which effectively swept away the rights of animals. First, this comment discusses the evolution of animal legal rights. Next, this comment provides an overview of free exercise jurisprudence with particular emphasis on the test articulated in Employment Division, Department of Human Resources v. Smith, the most recent Supreme Court decision in Church of Lukumi Babalu Aye, Inc. v. City of Hialeah, and the Religious Freedom Restoration Act of 1993 (Act). Finally, Smith, Lukumi and the Act are reconciled with the protection of animal rights to show the hindering effect upon legislative enactments for the protection of animals.

Recommended Citation

Mercedes A. Sanchez, Is the Death Knell Sounding for Animal Rights - the Sacrifice of Animals for Religious Purposes under the Guise of the First Amendment Right to the Free Exercise of Religion, 7 St. Thomas L. Rev. 217 (1994).
Available at: https://scholarship.stu.edu/stlr/vol7/iss1/9