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MERCED v. KASSON

Nos. 08-10358, 08-10506.

577 F.3d 578 (2009)

Jose MERCED, President, Templo Yoruba Omo Orisha Texas, Inc., Plaintiff-Appellant, v. Kurt KASSON; Mike Collins; Bob Freeman; City of Euless, Defendants-Appellees. Jose Merced, President, Templo Yoruba Omo Orisha Texas, Inc., Plaintiff-Appellee, v. City of Euless, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 31, 2009.

Attorney(s) appearing for the Case

Eric Rassbach (argued), Luke W. Goodrich, Hannah C. Smith, Lori Halstead Windham, Becket Fund for Religious Liberty, Washington, DC, for Merced.

William Michael McKamie, Bradford Eugene Bullock (argued), Law Offices of William M. McKamie, P.C., San Antonio, TX, for Defendants-Appellees.

Before BARKSDALE, DENNIS and ELROD, Circuit Judges.

JENNIFER W. ELROD, Circuit Judge:

The Texas Religious Freedom and Restoration Act (TRFRA), Tex. Civ. Prac. & Rem.Code ch. 110, prevents the state and local Texas governments from substantially burdening a person's free exercise of religion unless the government can demonstrate that doing so furthers a compelling governmental interest in the least restrictive manner. In this case, we must decide if the city of Euless, Texas, may practically forbid the keeping&...

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