Monks Win Constitutional Challenge To Louisiana Limits On Selling Caskets

In St. Joseph Abbey v. Castille, (ED LA, July 21, 2011), a Louisiana federal district court ruled that Louisiana's Embalming and Funeral Directors Act (RS 37:831 ff.) cannot constitutionally be applied to prevent a Catholic monastery from selling simple wooden caskets that it manufactures. The Louisiana law provides that only licensed funeral directors may engage in the retail sale of caskets, and they may be sold only at licensed funeral establishments. The court held that the restriction violates the due process and equal protection clauses because the licensing requirements are "not rationally related to public health and safety concerns." Instead, "the provisions simply protect a well-organized industry that seeks to maintain a strict hold on this business." The Wall Street Journal yesterday reported on the decision. (See prior related posting.)