In ruling against President Donald Trump’s “Muslim travel ban,” a trio of federal judges relied in part on a distinctly South Florida court case — one that granted religious protections for the ritual sacrifice of chickens and goats.
The unanimous ruling Thursday night upholding a halt to the White House executive order cited a famous 1993 U.S. Supreme Court decision that overturned a Hialeah law banning Santería animal sacrifices. Justices found that the city ordinance infringed on constitutionally protected freedoms.
The ruling by the U.S. Court of Appeals for the Ninth Circuit court made clear that judges can consider outside statements made by elected leaders — in this case, President Donald Trump himself — in trying to figure out if the intent of a government action was to discriminate against a religious group.
“In Hialeah in the 1990s, it was Santería. With Trump, it’s Muslims,” said University of Virginia law professor Douglas Laycock, an expert on religious liberties who successfully argued the Hialeah case.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Monday, February 13, 2017
"How ritual chicken sacrifices in Miami helped halt Trump’s travel ban"
That's the Miami Herald headline from David Ovalle's article about the unique Miami connection to the Trump travel ban. Fun times:
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