Free Exercise of Religion and Animal Protection: A Comparative Perspective on Ritual Slaughter

Abstract

The article addresses the question of limits on religious free exercise and whether animal protection is a significant enough interest to pose a limit to religious freedom. The article examines a trilogy of cases: the 1994 U.S. Supreme Court decision in Church of the Lukumi Babalu Aye v. Hialeah, the 2000 European Court of Human Rights decision in Cha'are Shalom Ve Tsedek v. France and the 2003 German Federal Constitutional Court's "Schächten" decision.

Comparing the cases, some observations regarding religious pluralism will be offered that address both the status of minority religions as well as the relationship between the majority and minority groups within the same religion. Moreover, different understandings of humane slaughter will be addressed.

Keywords: religion, free exercise, animal protection

JEL Classification: K19