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Hail Ruling on Kosher Slaughtering

May 6, 1974
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Leading national Jewish organizations have hailed the unanimous decision by a three-judge Federal Court upholding the constitutionality of kosher slaughtering as “a signal of victory for religious freedom” and “an important victory for the Jewish community.” This was the view of the Joint Advisory Committee of the Synagogue Council of America and the National Jewish Community Relations Advisory Council and the National Jewish Commission on Law and Public Affairs (COLPA). both of which participated in the case.

The suit, known as Jones vs. Butz. was regarded as the first serious challenge to Humane Slaughter Acts since its enactment in 1958. The complaint attacked the law prohibiting government purchase of meat that was slaughtered “inhumanely” but which permitted the purchases of meat Slaughtered by Jewish ritual procedure including the hoisting and shackling of fully conscious animals prior to the actual slaughter. The complainants, eight taxpayers, the Society for Animal Rights and the Committee for a Wall of Separation between Church and State in America charged that the ritual slaughter was “inhumane.”

In its ruling, the court accepted the arguments that the section in the law defining Jewish ritual slaughter as humane is based on uncontradicted scientific evidence; its inclusion did not constitute a law respecting an establishment of religion; the statute is, in all respects, within the competence of Congress in the exercise of its power to enact all measures necessary and proper to carry out the national policy of protecting religious freedom.

The court also held that “by making it possible for those who wish to eat ritually acceptable meat to slaughter the animal in accordance with the tenets of their faith. Congress neither established the tenets of that faith nor interfered with the exercise of any other.” Leo Pfeffer. special counsel for the American Jewish Congress, served as attorney for the Joint Advisory; Committee. COLPA was represented by Nathan Lewin, one of its vice-presidents, in its brief in behalf of three national Orthodox organizations.

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