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First Liberty Briefing

First Liberty Briefing is an exclusive podcast hosted by First Liberty Institute’s Deputy General Counsel Jeremy Dys. In about 90-seconds, once a week, Jeremy recalls the stories that have shaped America’s religious liberty, from the founding era to current legal battles and more. It’s an insider’s look at the stories, cases, people, and laws that have made America the world’s leader in protecting religious liberty.
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Aug 7, 2017

A case out of New York City involved activists attempting to stop Orthodox congregations from performing an ancient Jewish ritual called “kaporos”. Learn what the court affirmed during the appeal process by listening to FirstLiberty.org/Briefing.


If you are a regular listener to this program, you’ve heard the term “kaporos” before. You know that First Liberty represents the Chabad of Irvine against efforts by animal rights activists trying to end their millennia-old religious tradition. 

We previously discussed a case out of New York City in which activists attempted to stop Orthodox congregations from performing this ancient Jewish ritual. Kaporos requires the participant to wave a chicken over his head while reciting a prayer that contemplates his own mortality and the redemption of his sins. The chicken is then slaughtered in Kosher fashion. 

Well, in New York City, activists complained that this posed a public health hazard. According to the complaint, feathers, blood, and chicken parts flowed in the streets, gagging passersby. But, the court rejected the complaint and refused to compel city officials to put an end to the practice.

Now, on appeal, the court has affirmed that decision, explaining: “Rituals involving animal sacrifice are present in some religions and although they may be upsetting to nonadherents of such practice, the United States Supreme Court has recognized animal sacrifice as a religious sacrament and decided that it is protected under the Free Exercise Clause of the Constitution.”

That’s the point of the First Amendment: to protect your right to freely exercise your religion, even if someone else finds it upsetting.

To learn how First Liberty is protecting religious liberty for all Americans, visit FirstLiberty.org.

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