For 16 years Jose Merced conducted Santeria animal sacrifices in his home without incident. However, after receiving anonymous calls, the City of Euless, Texas told him he had to desist from performing these worship rituals or he would be prosecuted.
Euless claims that Merced’s animal sacrifices violated two ordinances—one regulating slaughterhouses and the other prohibiting animal cruelty.
Euless argued that applying these ordinances was justified because Merced’s rituals affect public health. However, Euless has moved to protect the public health only with respect to Merced’s actions. Euless has not targeted restaurants, veterinarians or others who pose equivalent threats to the public health.
Merced sued in Fort Worth federal district court, arguing that Euless’s selective enforcement of its laws violated his religious freedom rights under the First Amendment and Texas state law. Merced relied on a 1993 Supreme Court case, Church of the Lukumi Babalu Aye v. City of Hialeah. That case also involved Santeria animal sacrifices and a city’s efforts to stop them.
When the district court ruled in Euless’s favor, he turned to The Becket Fund, which has now filed an appeal on his behalf. Briefs in the appeal are available here:
To prohibit animal sacrifice in Euless is to prohibit Jose Merced from practicing his religion, because in Santeria, animal sacrifice is performed in one’s house where the household deities live. Click here for more information about Santeria.
Merced’s sacrifices are humane, utilizing a method that is approved as humane by federal statute. Most of the animal meat is consumed in a ceremonial dinner and the leftovers are disposed of neatly.
