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Animal Law Keyed to Wagman
Jones v. Butz
Citation:
374 F. Supp. 1284 (1974)Facts
The Humane Slaughter Act of 1958 established a national policy requiring humane methods for slaughtering livestock. The Act defined two methods as “humane”: (1) rendering animals insensible to pain before shackling, hoisting, or cutting; or (2) slaughtering according to ritual requirements of religious faiths where animals lose consciousness through simultaneous severance of carotid arteries. The Act also specifically exempted ritual slaughter and related handling from its requirements to protect religious freedom. Plaintiffs, consisting of individuals and organizations committed to humane treatment of animals and separation of church and state, challenged these provisions as violating the First Amendment. They argued that allowing animals to be shackled and hoisted while conscious (as often occurs in ritual slaughter) was inhumane and inconsistent with the Act’s purpose, and that the exemption constituted an impermissible government endorsement of religion. Jewish organizations intervened, arguing that their religious practices required animals to be conscious at the time of slaughter, and that Congress had properly determined ritual slaughter to be humane based on scientific evidence.
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