Is Snake Handling for Religion a Crime?

Religion as a Defense to Possession of Venomous Snakes
Religion is not a defense if you are fired for drug use at work. However, it may be a defense if you are handling rattlesnakes as a means of proving your faith in God. Last November, Tennessee officials raided the Tabernacle Church of God and confiscated over 53 snakes, including rattlesnakes and copperheads. The snakes were brought to Knoxville Zoo for treatment, but more than half of them died.

The state also charged Rev. Andrew Hamblin with possession of venomous snakes, a misdemeanor in Tennessee if handling snakes would endanger the life of a person. The possession law was passed in 1947 after five people died due to rattlesnake handling. Although the possession of a single snake carried less than a year in jail, Hamblin faced a much lengthier sentence since he was charged with 53 counts of possession – one for each snake seized by the state.

Hamblin’s church quickly rallied to his support, making his case on Facebook and local media. The snake handlers don’t allow children near the snakes and visitors are advised to stay back. Provoking the snakes is forbidden. In essence, the Tabernacle Church of God argued that that they were not endangering the life of a person through snake handling (with the exception, of course, of Rev. Hamblin).

At the grand jury trial, however, Hamblin chose different lines of defense. First, Revered Hamblin claimed the snakes belonged to the church, so he couldn’t be personally charged with possession. Second, the First Amendment protected his right to free exercise of religion, so he was exempt from the law. The jury nullified the possession law and found the revered not guilty.

Are Religions Above the Law?
The Constitution has two contradictory clauses on religion. The free exercise clause prevents the government from prosecuting citizens for having a religious belief. The other clause, the establishment clause, prevents the government from establishing a religion.

This case is an excellent example of how difficult it is to balance those two values together. The government cannot prosecute the Tabernacle Church of God for believing that safe handling of snakes is proof that God is watching over them. On the other hand, if the government allows Revered Hamblin to walk away but punishes other people for breaking the same law, the government would be favoring a church over others. If the establishment clause means anything, it must mean that the state cannot play favorites.

One way to resolve this issue, at least in future cases, would be for the Tennessee legislature to add a religious exemption to the current possession law. It seems odd to codify a church’s religious belief when the establishment clause is in effect.

Many juries will find Christians not guilty through jury nullification, regardless of what the law actually states. However, perhaps the jurors in this case were sympathetic simply because they were all fans of Snake Salvation, the reality TV show Revered Hamblin starred in.