LOFTON / Re: Mass self-flaggelation for the Muslim holiday Ashura

[JOHN LOFTON]

 We need to get out of Iraq and return to the days when Iraqis tortured each others and themselves --- though how this could be I do not know since Bush said this is a "peaceful" religion.


 


John Lofton, Editor, TheAmericanView.com
Recovering Republican

"Accursed is that peace of which revolt from God is the bond, and blessed are those contentions by which it is necessary to maintain the kingdom of Christ." -- John Calvin.

 


 

-----Original Message-----
From: Volokh, Eugene <VOLOKH at law.ucla.edu>
To: Law & Religion issues for Law Academics <religionlaw at lists.ucla.edu>
Sent: Tue, 22 Jan 2008 1:46 pm
Subject: Mass self-flaggelation for the Muslim holiday Ashura










    A blog reader asked about this; my guess is that there aren't
any generally applicable laws barring the public drawing of blood in the
first instance, but if there were, it seems to me this would raise some
interesting questions under state statutory or constitutional rules that
provide some heightened scrutiny for burdens on religious observance.
(Note that New York courts have adopted a sort of intermediatish
scrutiny under the state religious freedom guarantee.)  But I'd never
heard of this practice -- does anyone know whether it is religiously
mandated, not mandated but religiously encouraged, or (to the extent
these distinctions can be effectively drawn) merely a part of a cultural
tradition that accompanies the religious holiday?  Thanks,

    Eugene

    


Hi Prof. Volokh--

I wonder if you'd be willing to address on the Volokh Conspiracy the
legality/illegality(?) of the mass flagellations that are part of the
Muslim holiday Ashura, which is occurring this week.  Specifically, some
really gruesome photos of a public celebration in Queens, New York have
appeared online:
http://legacyeditorial.gettyimages.com/source/search/imageResults.aspx?s
=ImagesSearchState%7c0%7c0%7c-1%7c28%7c0%7c0%7c0%7c1%7c%7c%7c0%7c0%7c0%7
c0%7c0%7c0%7c0%7c0%7c7%7c%7cashura+new+york%7c9221119423673258999%7c0%7c
0%7c0%7c0&p=7&tag=3
<http://legacyeditorial.gettyimages.com/source/search/imageResults.aspx?
s=ImagesSearchState%7c0%7c0%7c-1%7c28%7c0%7c0%7c0%7c1%7c%7c%7c0%7c0%7c0%
7c0%7c0%7c0%7c0%7c0%7c7%7c%7cashura+new+york%7c9221119423673258999%7c0%7
c0%7c0%7c0&p=7&tag=3> 

I'm no lawyer, but it seems to me that having a large group of people
draw blood from each other is a huge public health hazard.  How far does
freedom of religion go?
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