- Hardcover: 208 pages
- Publisher: University Press of Kansas (31 Mar 2004)
- Language English
- ISBN-10: 0700613021
- ISBN-13: 978-0700613021
- Product Dimensions: 22 x 13.9 x 2.1 cm
- Amazon Bestsellers Rank: 5,568,369 in Books (See Top 100 in Books)
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Synopsis
The Santeria religion of Cuba - the Way of the Saints - mixes West African Yoruba culture with Catholicism. Similar to Haitian voodoo, Santeria has long practiced animal sacrifice in certain rites. But when Cuban immigrants brought those rituals to Florida, local authorities were suddenly confronted with a controversial situation of the regulation of public health and morality against religious freedom. After Ernesto Pichardo established a Santeria church in Hialeah in the 1980s, the city of Hialeah responded by passing ordinances banning ritual animal sacrifice. Although on the surface those ordinances seemed general in intent, they were clearly aimed at Pichardo's church. When Pichardo subsequently sued the city, a federal court ruled in the latter's favor, in effect privileging the regulation of public health and morality over the church's free exercise of its religion. The U.S. Supreme Court heard Pichardo's appeal in 1993 and unanimously decided that the city had overstepped its bounds in targeting this particular religious group; however, the court was sharply divided regarding the basis of its decision.Three concurring opinions registered distinctly different views of the First Amendment, the limits of government regulation, and the religious freedom of minorities. In the end, the nine justices collectively concluded that freedom of religious belief was absolute while the freedom to practice the tenets of any faith were subject to non-discriminatory local regulations. David O'Brien, one of America's foremost scholars of the Court, now illuminates this controversy and its significance for law, government, and religion in America. His lively account takes us behind the scenes at every stage of the litigation to reveal a riveting case with more twists and turns than a classic whodunit. Ranging with equal ease from primitive magic to municipal politics and to the most arcane points of constitutional law, O'Brien weaves a compelling and instructive tale with a fascinatig array of politicians, lawyers, jurists, civil libertarians, and animal rights advocates. Offering sharp insights into the key issues and personalities, he highlights cultural clashes large and small, while maintaining a balance for both the needs of government and the religious rights of individuals.
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Most Helpful Customer Reviews on Amazon.com (beta)
Amazon.com:
6 reviews
Interesting story, but difficult to read
1 Jan 2012
Format:Paperback|Amazon Verified Purchase
The actual story that this book is about (the legal battles of the Church of Lukumi Babalu for the right to exist), is pretty interesting. However, the author uses lots of legal jargon, and the writing style makes the whole experience a bit dry.
From an academic standpoint, the book is great - tons of information and details about the cases.
But from an entertainment standpoint, it feels pretty slow at times, and gives you the feeling that it could have been condensed to a far shorter (and more interesting) version.
From an academic standpoint, the book is great - tons of information and details about the cases.
But from an entertainment standpoint, it feels pretty slow at times, and gives you the feeling that it could have been condensed to a far shorter (and more interesting) version.
For Historical Perspective
21 Dec 2010
Format:Paperback
"Church of the Lukumi Babalu Aye v. City of Hialeah" is one of the most important Supreme Court cases regarding religious freedom in the United States. While fought to benefit the Lucumi people, it has far-reaching importance on the religious rights of all faiths.
But as a Lucumi priest, I advise anyone who practices the Lucumi/Santeria faith, or any of the ATRs in the United States, to read this book and become familiar with this landmark case. The history is essential learning for all of us.
Ochani Lele
But as a Lucumi priest, I advise anyone who practices the Lucumi/Santeria faith, or any of the ATRs in the United States, to read this book and become familiar with this landmark case. The history is essential learning for all of us.
Ochani Lele
Anthropology of Law Review of Animal Sacrifice and Religious Freedom
16 April 2006
Format:Paperback
Law scholar David M. O'Brien puts together a solid, shocking, and courageous book that gives the reader a deep look into the intense conflcits between church and state. O'Brien stresses the relationship between culture and the law, and how many minority cultures in the United States are prosecuted for breaking the law in order to remain dedicated to their own religions. This book illustrates the controversies between the laws against rituals such as animal sacrifice versus the first amendment that grants the right to religious freedom. O'Brien focuses on a trial that took place titled "Church of the Lukumi Babalu Aye v. City of Hialeah" in which members of the Santeria religion of Cuba were being tried for performing animal sacrifices. Animal sacrifices are an integral part of the Santeria religion. Throughout this book, the technicalities of both the law and this culture are discussed, as well as the reactions of local authorities in Florida when these religious practices occured. "Animal Sacrifice and Religious Freedom" addresses the important question as to how to have a fair balance between the law and religious freedom. Many holes in the United States' legal socety are exposed throughout this work, and it makes the reader wonder how parallel modern day laws are with the constitution that this country was founded on.
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