Is Kosher still kosher?

When it comes to animal welfare, should secular standards trump religious scruples?

The lower house of the Dutch parliament has voted by a large majority to ban the slaughter of animals without prior electric stunning, as practised by religiously observant Jews and Muslims. The Netherlands would not be the first European country to have such a law -- it is already banned in Sweden, Norway and Switzerland -- but the vote has inevitably reopened the debate on the balance that any modern society must strike between common standards and the rights of minorities to maintain their own traditions.

The debate is perhaps especially fierce in Holland, a country that has long been at the forefront of liberal modernity but which has more recently seen deep and ugly divisions on questions of immigration and culture. Last week saw the acquittal of Geert Wilders on charges of inciting religious hatred through his strongly expressed condemnation of Islam. The vote on banning ritual slaughter has been compared by the country's Chief Rabbi to Nazi legislation that began with the closing of kosher abbatoirs and ended with the Holocaust.

The comparison seems exaggerated, even offensive. But then Hitler was famously a vegetarian. Concern for animal welfare has not always gone hand-in-hand with love of human beings or the promotion of human rights. Even if -- as I strongly believe -- increasing concern about the treatment of other animals is a mark of a more civilised society, it doesn't necessarily follow that those promoting new rules act from disinterested motives.

For many people, the question is purely and simply one of reducing -- so far as is possible -- the pain and suffering of the animals being killed for food. The best scientific evidence suggests that pre-stunning animals is more humane than the religiously-decreed alternative of slitting their throats while still conscious, and that should be the end of the matter. It is widely accepted, after all, that even in a tolerant and religiously plural society some practices are off limits. There's no prospect of allowing female genital mutilation, for example, or child marriage, or the ritual use of illegal drugs. There's even a growing debate about the morality of cicumcising baby boys.

By and large, religious leaders accept that exemptions cannot be demanded as of right, or purely on the grounds of tradition and strongly held belief, but that they must pay lip-service at least to secularism. It's not enough to say simply, "This is what God has ordained". If religious slaughter were demonstrably cruel -- not merely less humane, but mandated that animals be slowly tortured to death or roasted while still alive -- then the argument would have ended long ago. In fact, before the introduction of prior stunning there was little or any distinction, in terms of animal suffering, between religious and non-religious slaughter.

The question thus is whether the religious should be forced to take on board the modern advance of electric stunning if they are to continue to eat meat. The change may in fact be easier for Muslims than for Jews, since some interpretations of Islamic law allow animals to be stunned before being killed. The practice is widespread in New Zealand, where for largely commercial reasons almost all meat is now halal. But Jewish law has historically been flexible, and one should never underestimate the ingenuity of rabbis.

The aim of both kosher and halal butchers -- they claim -- has always been to dispatch the animal in as swift and merciful a manner as possible. God, they would argue, would not have ordained a needlessly cruel death for his creatures. And this is, of course, the stated purpose of modern, secular, animal welfare regulations. Of course, being modern and secular the regulations invoke science rather than God, but the motivation is similar. One might almost call it religious.

Instead of crying religious discrimination, should the rabbis and imams not rather be grateful to the scientists for helping them to fulfil the deeper purpose behind their commandments more faithfully?

Belief, disbelief and beyond belief
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Why Barack Obama was right to release Chelsea Manning

A Presidential act of mercy is good for Manning, but also for the US.

In early 2010, a young US military intelligence analyst on an army base near Baghdad slipped a Lady Gaga CD into a computer and sang along to the music. In fact, the soldier's apparently upbeat mood hid two facts. 

First, the soldier later known as Chelsea Manning was completely alienated from army culture, and the callous way she believed it treated civilians in Iraq. And second, she was quietly erasing the music on her CDs and replacing it with files holding explosive military data, which she would release to the world via Wikileaks. 

To some, Manning is a free speech hero. To others, she is a traitor. President Barack Obama’s decision to commute her 35-year sentence before leaving office has been blasted as “outrageous” by leading Republican Paul Ryan. Other Republican critics argue Obama is rewarding an act that endangered the lives of soldiers and intelligence operatives while giving ammunition to Russia. 

They have a point. Liberals banging the drum against Russia’s leak offensive during the US election cannot simultaneously argue leaks are inherently good. 

But even if you think Manning was deeply misguided in her use of Lady Gaga CDs, there are strong reasons why we should celebrate her release. 

1. She was not judged on the public interest

Manning was motivated by what she believed to be human rights abuses in Iraq, but her public interest defence has never been tested. 

The leaks were undoubtedly of public interest. As Manning said in the podcast she recorded with Amnesty International: “When we made mistakes, planning operations, innocent people died.” 

Thanks to Manning’s leak, we also know about the Vatican hiding sex abuse scandals in Ireland, plus the UK promising to protect US interests during the Chilcot Inquiry. 

In countries such as Germany, Canada and Denmark, whistle blowers in sensitive areas can use a public interest defence. In the US, however, such a defence does not exist – meaning it is impossible for Manning to legally argue her actions were in the public good. 

2. She was deemed worse than rapists and murderers

Her sentence was out of proportion to her crime. Compare her 35-year sentence to that received by William Millay, a young police officer, also in 2013. Caught in the act of trying to sell classified documents to someone he believed was a Russian intelligence officer, he was given 16 years

According to Amnesty International: “Manning’s sentence was much longer than other members of the military convicted of charges such as murder, rape and war crimes, as well as any others who were convicted of leaking classified materials to the public.”

3. Her time in jail was particularly miserable 

Manning’s conditions in jail do nothing to dispel the idea she has been treated extraordinarily harshly. When initially placed in solitary confinement, she needed permission to do anything in her cell, even walking around to exercise. 

When she requested treatment for her gender dysphoria, the military prison’s initial response was a blanket refusal – despite the fact many civilian prisons accept the idea that trans inmates are entitled to hormones. Manning has attempted suicide several times. She finally received permission to receive gender transition surgery in 2016 after a hunger strike

4. Julian Assange can stop acting like a martyr

Internationally, Manning’s continued incarceration was likely to do more harm than good. She has said she is sorry “for hurting the US”. Her worldwide following has turned her into an icon of US hypocrisy on free speech.

Then there's the fact Wikileaks said its founder Julian Assange would agree to be extradited to the US if Manning was released. Now that Manning is months away from freedom, his excuses for staying in the Equadorian London Embassy to avoid Swedish rape allegations are somewhat feebler.  

As for the President - under whose watch Manning was prosecuted - he may be leaving his office with his legacy in peril, but with one stroke of his pen, he has changed a life. Manning, now 29, could have expected to leave prison in her late 50s. Instead, she'll be free before her 30th birthday. And perhaps the Equadorian ambassador will finally get his room back. 

 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.