church and state hi res_new

Written by Don Byrd
The Pentecostal tradition of snake-handling goes back several generations in Appalachia. Adherents believe God requires them to hold poisonous snakes as a test of their faith that they will be protected. In Tennessee, the practice is under renewed scrutiny pursuant to state laws that prohibit the possession of rattlesnakes and other dangerous wildlife. Charged with an offense for keeping dozens of such snakes, Andrew Hamblin argues the First Amendment protects his right to practice this brand of faith.

ABCNews reports:

In court last week, Hamblin appeared before the judge to applause from his supporters, all wearing red, as he pled not guilty to possession of dangerous wildlife.

“If God moves on me and I feel led through him by the Holy Ghost to reach my arm into a box of rattlesnakes I should have my religious right to do that,” Hamblin said at a news conference.

But Tennessee District Attorney General Lori Phillips-Jones said the law applies to everyone and doesn’t discriminate based on a person’s faith. It’s about the nature of the poisonous animal, she said.

“It’s not a religion issue. It’s an issue of possessing an animal that Tennessee law says, you’re not allowed to possess them,” Phillips-Jones said. “It’s a violation of the law.”

Tennessee protects religious freedom rights through a state RFRA that requires the government to have a compelling interest to justify substantially burdening a person’s faith.What do you think? Does the state have a compelling interest in restricting this activity? Or should Hamblin be able to keep snakes despite the wildlife laws to practice his faith?