A panel of the Fifth Circuit ruled Friday that Euless, Texas was wrong to bar Santeria priest Jose Merced from performing animal sacrifice he claims is central to his faith, overturning the trial court's decision in favor of the city. Citing the government's obligations under the Texas Religious Freedom Restoration Act, Judge Jennifer Elrod argued that the "ordinances at issue substantially burden plaintiff’s free exercise of religion without advancing a compelling governmental interest using the least restrictive means."
From the opinion (pdf):
Merced cannot perform the ceremonies dictated by his religion. This is a burden, and it is substantial. It is real and significant, having forced Merced to choose between living in Euless and practicing his religion. Indeed, the burden on Merced is even greater because, like the Amish parents in Yoder, he faces criminal prosecution if he engages in conduct essential to his religion.
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Thus, for Euless to prevail, it must show by specific evidence that Merced’s religious practices jeopardize its stated interests. This it cannot do.
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The city has absolutely no evidence that Merced’s religious conduct undermined any of its interests. Euless’s experts did testify that the city’s interests [i.e., public health and animal treatment] would be harmed by activities like those Merced performs, but this general testimony does not vitiate the stipulated facts respecting Merced’s practice, and the government bears the burden at this stage to prove its interests are harmed…. Merced has performed these sacrifices for sixteen years without creating health hazards or unduly harming any animals.
The Fort Worth Star-Telegram has more.
