Monday, October 06, 2008

Recent Free Exercise Cases From the Religion Clause Blog

1.

Court Allows Native American Kindergartner Into Class With Long Hair

The Houston Chronicle reported on Friday that parents of a Needville, Texas kindergartner have been successful in convincing a federal district judge to issue a preliminary injunction ordering school officials to permit 5-year old Adriel Arocha to return to his regular school classroom with his long hair in plain sight. The ACLU of Texas had filed suit on behalf of the Native American student who insisted on wearing his hair long, in violation of the school dress code, for religious reasons. The school had offered to accommodate Arocha by allowing him to wear his hair in a single braid tucked into his shirt. He had refused, and was being taught separately from his classmates in a one-on-one setting until he complied.


2.

Traditional Pre-Yom Kippur Ritual Rasies Some Legal Concerns

The Jewish holiday of Yom Kippur begins Wednesday evening. Legal authorities in some cities are raising questions about a pre-Yom Kippur ceremony observed by some Orthodox Jews. The ritual of Kaparot, in its traditional form, involves swinging a live chicken around one's head, symbolically transferring one's sins to it. Afterwards the chicken is slaughtered and donated as food to the poor.

The Bay Area Independent Media Center reported last week from Los Angeles that the city's Animal Services general manager is discouraging the ceremony. Many Jews, as an alternative, place money in a handkerchief, swing it over their head, and then donate it to the poor. Kaparot using animals may be illegal in Los Angeles. Under Los Angeles Municipal Code, Sec. 53.67, it is illegal to kill "any animal in any religious ... ritual ... [if not done] primarily for food purposes, regardless of whether ... such animal is subsequently consumed."

Meanwhile, according to Friday's Lower Hudson Journal-News, in Monsey, New York, many again this year plan to carry out the traditional pre-Yom Kippur ritual using chickens. In January, a group was fined for not cleaning up the area in which the chickens were slaughtered at last year's ceremony. In past years, the Hudson Valley Humane Society for the Prevention of Cruelty to Animals found chickens brought in for the ceremony housed in poor conditions, sometimes without food or water. However this year a new site is being used, and, according to Humane Society inspectors, those in charge are now treating the chickens well prior to slaughter.

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