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Merced v. Kasson |
Plaintiff José Merced, a Santeria Oba Oriate, or priest, brought action against the City of Euless alleging that city ordinances prohibiting the keeping of animals for slaughter and the slaughtering of animals prevented him from performing animal sacrifices essential to Santeria religious practice. The United States District Court for the Northern District of Texas ruled in favor of the city, but denied its request for attorney fees. The Court of Appeals reversed the decision in favor of the city and affirmed the denial of attorney fees. The court found that the city did not prove that the burden it placed on the plaintiff advanced a compelling interest and was the least restrictive means of doing so. In fact, the Court noted that prior to the ban, Merced had performed these sacrifices for sixteen years without creating health hazards or unduly harming any animals. The City's purported interest was further undermined by the fact that hunters are allowed to butcher dead animals at their homes. Thus, Euless failed to assert a compelling governmental interest in support of its ordinances that burden Merced's religious conduct.
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Methods and Welfare Considerations for Behavioral Research |
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MI - Assistance animals - Assistance Animal/Guide Dog Laws |
The following statutes comprise the state's relevant assistance animal and guide dog laws. |
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MI - Biological Diversity - Chapter 324. Natural Resources and Environmental Protection Act. |
These Sections describe the State's desire to conserve biological diversity as well as the State's strategy and considerations in achieving this goal. These sections also create the joint legislative working committee on biological diversity. |
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MI - Constitutional Provisions - Michigan Natural Resources Trust Fund |
The trust fund consists of all bonuses, rentals and royalties collected or reserved by the state under provisions of leases for the extraction of nonrenewable resources from state owned lands. |
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MI - Constitutional Provisions - Protection of Natural Resources |
This section declares the protection, conservation, and development of the state's natural resources to be of paramount public concern and the legislature shall provide for the protection of the air, water and other natural resources of the state from pollution, impairment and destruction. |
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MI - Constitutional Provisions - § 5. State lands |
This section describes the State legislature's authority over all state land and the requirement that all departments that have supervision or control of any state land submit an annual report as to the status of such land to the legislature |
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MI - Courtroom - 600.2163a. Protections and procedures for minor, developmentally-disabled, and vulnerable-adult |
This law relates to the use of courtroom support dogs, which became effective in January 2019. The court must permit a witness who is called upon to testify to have a courtroom support dog and handler sit with, or be in close proximity to, the witness during his or her testimony. For purposes of this law, "witness" is defined as a person under the age of 16, a person over 16 who has a developmental disability, or a vulnerable adult. This section only applies to certain prosecutions and proceedings under the Michigan penal code. A notice of intent to use a support person or courtroom support dog is only required if the support person or courtroom support dog is to be utilized during trial and is not required for the use of a support person or courtroom support dog during any other courtroom proceeding. “Courtroom support dog” means a dog that has been trained and evaluated as a support dog pursuant to the Assistance Dogs International Standards for guide or service work and that is repurposed and appropriate for providing emotional support to children and adults within the court or legal system or that has performed the duties of a courtroom support dog prior to September 27, 2018. |
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MI - Cruelty - Chapter 750. Michigan Penal Code. |
This Michigan law provides that no railroad company shall permit the confinement of animals in railroad cars for longer than 36 consecutive hours without unloading for rest, water, and feeding of at least 5 consecutive hours unless prevented by a storm, or other "accidental causes." Any company, owner or custodian of such animals, who does not comply with the provisions of this section, can be fined between $100 and $500 for each and every such offense. However, when animals are carried in cars where they have proper food, water, space and opportunity for rest, the provisions of this section that require unloading do not apply. |
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MI - Cruelty - 712A.18l. Juveniles, guilty of cruelty to animals or arson; court ordered psychiatric or psychological treatment |
This statute provides that if a juvenile is found to be within the court's jurisdiction for an offense that, if committed by an adult, would be a violation of the Michigan penal code relating to either cruelty to animals or arson, the court shall order that the juvenile be evaluated to determine if he or she needs psychiatric or psychological treatment. If the court determines that psychiatric or psychological treatment is appropriate, the court may order that treatment in addition to any other treatments or penalties allowed by law. |
