Published: Saturday, August 22, 2009
Pasado’s sues over exemption to slaughter law
EVERETT — A Monroe animal rescue organization has sued Washington state over laws that allow religious groups to slaughter animals without first rendering them insensible to pain.
Snohomish County Superior Court Judge Bruce Weiss declined to rule on the case Friday, saying that he needs more time to review documents submitted by attorneys for both Pasado’s Safe Haven and the state.
In most cases, butchers must use a mechanical, electrical or chemical means to ensure that an animal does not feel pain before it is slaughtered. Butchers acting in accordance with Muslim halal, Jewish kosher or other religious traditions now by law can skip that step, but must kill the animal by quickly severing its carotid artery in its neck.
Both methods are considered humane under state law, but the second method would be considered illegal if used by someone who is not acting under the guidelines of a religious ritual.
That’s unconstitutional, said Adam Karp, a Bellingham lawyer arguing the case on behalf of Pasado’s.
“That is prescribing different punishments for the same action,” he said. “It’s putting non-believers of those minority faiths into a position of going to jail for the exact same action.”
Kristen Mitchell, an attorney for the state, argued that the case is irrelevant in Washington. She said she knows of no butchers or slaughterhouses licensed to engage in halal, kosher or other religious rituals. Further, she said, Pasado’s isn’t basing its lawsuit on a specific incident or business.
But even if Pasado’s could link its lawsuit to a specific incident or business, a wealth of federal law supports Washington’s regulations, she said.
“It’s not unconstitutional to have an exemption for a religious practice within a criminal law,” she said.
Weiss is expected to make a ruling on the case in October or November.
Krista J. Kapralos: 425-339-3422, kkapralos@heraldnet.com.
Snohomish County Superior Court Judge Bruce Weiss declined to rule on the case Friday, saying that he needs more time to review documents submitted by attorneys for both Pasado’s Safe Haven and the state.
In most cases, butchers must use a mechanical, electrical or chemical means to ensure that an animal does not feel pain before it is slaughtered. Butchers acting in accordance with Muslim halal, Jewish kosher or other religious traditions now by law can skip that step, but must kill the animal by quickly severing its carotid artery in its neck.
Both methods are considered humane under state law, but the second method would be considered illegal if used by someone who is not acting under the guidelines of a religious ritual.
That’s unconstitutional, said Adam Karp, a Bellingham lawyer arguing the case on behalf of Pasado’s.
“That is prescribing different punishments for the same action,” he said. “It’s putting non-believers of those minority faiths into a position of going to jail for the exact same action.”
Kristen Mitchell, an attorney for the state, argued that the case is irrelevant in Washington. She said she knows of no butchers or slaughterhouses licensed to engage in halal, kosher or other religious rituals. Further, she said, Pasado’s isn’t basing its lawsuit on a specific incident or business.
But even if Pasado’s could link its lawsuit to a specific incident or business, a wealth of federal law supports Washington’s regulations, she said.
“It’s not unconstitutional to have an exemption for a religious practice within a criminal law,” she said.
Weiss is expected to make a ruling on the case in October or November.
Krista J. Kapralos: 425-339-3422, kkapralos@heraldnet.com.
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