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Published: Saturday, August 22, 2009
Pasados sues over exemption to slaughter law
By Krista J. Kapralos Herald Writer
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 Pasados 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.
Thats unconstitutional, said Adam Karp, a Bellingham lawyer arguing the case on behalf of Pasados.
That is prescribing different punishments for the same action, he said. Its 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, Pasados isnt basing its lawsuit on a specific incident or business.
But even if Pasados could link its lawsuit to a specific incident or business, a wealth of federal law supports Washingtons regulations, she said.
Its 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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