Monks win latest round in bid to sell caskets

NEW ORLEANS — In a sometimes harshly worded ruling, a federal appeals court on Tuesday (Oct. 23) smacked down the … Continued

NEW ORLEANS — In a sometimes harshly worded ruling, a federal appeals court on Tuesday (Oct. 23) smacked down the Louisiana funeral board’s continued attempts to prevent a group of monks from St. Joseph Abbey from selling their hand-crafted caskets.

“The great deference due state economic regulation (does not require) courts to accept nonsensical explanations for naked transfers of wealth,” wrote Judges Patrick Higginbotham, Catharina Haynes and Stephen A. Higginson of the 5th U.S. Circuit Court of Appeals. “We insist that Louisiana’s rules not be irrational.”

The appellate judges sent the case to the Louisiana Supreme Court, refusing to consider the funeral board’s appeal of a lower court ruling that said it was unconstitutional for the state to give funeral directors exclusive rights to sell caskets.

“Simply put, there is nothing in the licensing procedures that bestows any benefit to the public in the context of the retail sale of caskets,” U.S. District Court Judge Stanwood R. Duval Jr. ruled in July 2011. “The license has no bearing on the manufacturing and sale of coffins. It appears that the sole reason for these laws is the economic protection of the funeral industry,” which he wrote is not “a valid government interest.”

After Hurricane Katrina destroyed the abbey’s timberland outside Covington, La., a longtime a source of revenue, the monks decided to sell their handmade caskets as a way to supplement their income. The abbey invested $200,000 in St. Joseph Woodworks and sold two types of caskets, “monastic” and “traditional,” priced at $1,500 and $2,000 respectively.

“To be sure, Louisiana does not regulate the use of a casket, container, or other enclosure for the burial remains; has no requirements for the construction or design of caskets; and does not require that caskets be sealed,” the appeals court ruled.

“Individuals may construct their own caskets for funerals in Louisiana or purchase caskets from out-of-state suppliers via the internet. Indeed, no Louisiana law even requires a person to be buried in a casket.”

The monks did not offer funeral services, prepare the body for burial or participate in funerals, except as pastors.

In response, the Louisiana Board of Embalmers and Funeral Directors sent the monks a cease-and-desist letter, threatening thousands of dollars in fines and up to 180 days in prison based on a law prohibiting the sale of coffins without a funeral director’s license.

In their Tuesday ruling, the appellate judges took aim at that regulation, stating its sole purpose is to restrict the intrastate sales of coffins “to funeral homes.”

“There are no other strictures over their quality or use,” the appeals court said. “The district court found the state’s scheme to be the last of its kind in the nation. The state board had never succeeded in any enforcement actions against a third party seller prior to its effort to halt the abbey’s consumer sales.”

Deacon Mark Coudrain, who manages the Abbey’s casket-making project, said, the case is as much about “economic liberty” for the monks as it is “religious liberty.”

Copyright: For copyright information, please check with the distributor of this item, Religion News Service LLC.

Comments are closed.

Read More Articles

shutterstock_188022491
Magical Thinking and the Canonization of Two Popes

Why Pope Francis is canonizing two popes for all of the world wide web to see.

Pile_of_trash_2
Pope Francis: Stop the Culture of Waste

What is the human cost of our tendency to throw away?

chapel door
“Sometimes You Find Something Quiet and Holy”: A New York Story

In a hidden, underground sanctuary, we were all together for a few minutes in this sweet and holy mystery.

shutterstock_178468880
Mary Magdalene, the Closest Friend of Jesus

She’s been ignored, dismissed, and misunderstood. But the story of Easter makes it clear that Mary was Jesus’ most faithful friend.

shutterstock_188545496
Sociologist: Religion Can Predict Sexual Behavior

“Religion and sex are tracking each other like never before,” says sociologist Mark Regnerus.

5783999789_9d06e5d7df_b
The Internet Is Not Killing Religion. So What Is?

Why is religion in decline in the modern world? And what can save it?

river dusk
Cleaner, Lighter, Closer

What’s a fella got to do to be baptized?

sunset-hair
From Passover to Easter: Why I’m Grateful to be Jewish, Christian, and Alive

Passover with friends. Easter with family. It’s almost enough to make you believe in God.

colbert
Top 10 Reasons We’re Glad A Catholic Colbert Is Taking Over Letterman’s “Late Show”

How might we love Stephen Colbert as the “Late Show” host? Let us count the ways.

emptytomb
God’s Not Dead? Why the Good News Is Better than That

The resurrection of Jesus is not a matter of private faith — it’s a proclamation for the whole world.

shutterstock_186795503
The Three Most Surprising Things Jesus Said

Think you know Jesus? Some of his sayings may surprise you.

egg.jpg
Jesus, Bunnies, and Colored Eggs: An Explanation of Holy Week and Easter

So, Easter is a one-day celebration of Jesus rising from the dead and turning into a bunny, right? Not exactly.

shutterstock_186686495
The End of Surveillance for New York Muslims — For Now

How American Muslims modeled the right response to systematic injustice.