The United States is still considered by many to be the land of freedom and a beacon of democracy. It is ironic that with her population of immigrants and their diverse cultures, the United States is becoming a country with an increasingly narrow definition of what is culturally or socially acceptable. This trend, as seen in the recent laws passed against the sport of
cockfighting, conflicts with our society’s value for cultural diversity, ethnicity, and human rights.

The earliest history of cockfighting is obscure but Chinese scholars report that the sport has existed in that country since at least 500 B.C. Believed to have originated in Southeast Asia, cockfighting spread to Europe and was widely accepted by the Greeks and Romans and later by the English nobility. The sport was introduced into the New World by the Spanish explorers and the early American colonists. Today, numerous countries allow and even encourage cockfighting. Cockfighting remains popular in certain regions of France, Belgium, Spain, Italy, Russia, Puerto Rico, Haiti, Mexico, Vietnam, Thailand, and Malaysia among many others. It is the national sport in the Philippines, regulated by the government and generating millions of dollars of revenue. Traditional Mexican fiestas almost always involve cockfights. In the United States, cockfighting is largely underground but remains widely practiced by people of a various ethnic origins and social stature.

The deep cultural roots of cockfighting are a phenomenon that is difficult to grasp for the typical urban dweller in the United States. Their rural counterparts do not seem to have this problem as they have often had the opportunity to observe instinctive behavior among and between farm animals. Likewise, in other countries where cockfighting is more common, for many people it is an unremarkable aspect of their culture. However, the cockfighter who moves to the United States from a country where cockfighting is an acceptable activity, or the rural American facing a potential felony penalty for allowing two roosters to engage in combat, finds the laws against the sport incomprehensible. Obviously, the transition from familiar
customs and accepted tradition to those of a new country and political landscape is difficult.

Sociologists believe that maintaining a cultural identity, an attachment to one's home country, traditions and language, can be very positive for immigrants to the United States, helping maintain self-definition, _expression, and self-respect. However, others believe ‘multiculturalism’ is a threat to the country’s unity and advocate ‘assimilation’ of immigrants – the adoption of a national identity, a single language and largely severed connection with the customs and traditions of their home country.

Multiculturalism appears to be the dominant reality in many American communities. People of a particular ethnic origin often live in communities comprised largely of people with similar ethnicity. Many of these families living in America are attempting to continue the customs and traditions found in their native lands. This struggle to maintain a cultural identity and practice traditional culture is not limited to just immigrant populations. Rural families like those descended from the English, Irish and
Scottish settlers in the Appalachian region could easily be included within the group of minority populations that are trying to hold on to their own unique rural traditions and heritage. Often described as the most universal sport, the ancient tradition of cockfighting is one of the cultural practices that significant numbers of rural, Hispanic and Asian Americans continue to practice, despite increasing pressure from the government and the animal ‘protection’ organizations.

Relatively large numbers of individuals within the United States have a strong cultural attachment to this tradition, yet federal, state, and local governments continue to pass laws targeting the groups who participate in the sport. The scope of recent legislation has evolved beyond merely prohibiting the act of cockfighting. The 176th Congress amended the 2002
Farm Bill making it illegal to transport fowl across state lines for fighting ventures (even travel to states where the sport is legal is prohibited). In several states, it is a felony to simply possess a male chicken in conjunction with certain items that could be considered evidence of the owner’s intent to fight chickens. A similar law was recently passed in Florida, where undercover agents bought roosters from three separate farms purportedly for fighting purposes. Once the evidence was obtained, the prosecuting attorney was able to secure the court’s permission to exterminate the flocks - over 1500 healthy birds – without a hearing or admission of guilt. Ironically, the Humane Society of the United States is the major force behind the relatively recent initiatives to make possession of gamecocks a felony and their apparent solution for confiscated roosters
and in many cases hens and chicks is their death. Unfortunately, the example in Florida is not an isolated incident, but has happened in numerous states and is especially prevalent in California, where cockfighters of Hispanic origin are the targets.

The politically sponsored erosion of ethnic culture continues in this country despite the guarantee of cultural rights by the United Nation’s International Covenant on Civil and Political Rights (ICCPR). The ICCPR declares explicitly that "In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language."  The United Nations considers cultural rights to be crucial for the maintenance of social identities, and are invoked primarily when governments take steps that threaten to undermine the way of life of
whole groups. Cockfighters maintaining families of gamefowl and practicing their sport are such a group.

Most would accept that every human has a right to a cultural identity. Most would also accept that an individual or organization’s culture, opinions or beliefs cannot justify any act leading to the denial or violation of other human rights and fundamental freedoms. For example, slavery in every instance cannot be justified, nor can torture, murder, genocide, and
discrimination. Cockfighters feel that their chickens are personal property and are available for their use as they see fit and without governmental interference. Since they do not force others to view or participate in their sport, cockfighters feel their sport should be tolerated as an _expression of cultural identity or heritage, just as every human should be afforded the
right the choose their religion, express their opinion, and freely assemble.

Mainstream animal ‘protection’ groups such as the Humane Society of the United States (HSUS) and the People for the Ethical Treatment of Animals (PETA) frequently invoke comparisons between the practice of slavery in early America to the practice of cockfighting, saying that the sport’s continued existence cannot be justified on the basis of tradition, because
slavery was once a custom or tradition and society eventually found it unacceptable. This is not a surprising argument considering that these groups ! maintain that animals and humans are equivalent, and that animals should not be used for any purposes including for food, utility, research, or recreation.

Under the current political climate and facing organizations such as the HSUS with a 100 million dollar annual budget, it is inevitable that many of the relatively recent immigrants to the United States will face cultural discrimination as they attempt to honor their culture and native customs. A recent news report from rural Oklahoma described a raid on a small barn in
which seven individuals were charged with cockfighting. Hung Van Tu, Sameu Phommanvong, Lor Xeng, Chantho Samountry, Noi Xayavongsa, Khamsourivong Thongdam, and Likorn Bounvongxay now face up to ten years in prison for
practicing this ancient tradition common in the Hmong community.

The conflict between animal rights and cultural rights will continue. According to Census Bureau projections, Hispanics will become the largest minority in the country within the next seven years and the nation's estimated current population of 29 million Hispanics brings with them a powerful attachment to their home country, their language and their culture.
This can also be said of the 13 million Asian-Americans that are now living in the United States, a population that is growing at about 10% a year, compared to national average of 2.5%. With regards to issues relating to cultural rights, it would not be surprising if the political winds shift when the ethnic minorities gain greater political influence.

Tony Villalobos (Mexican-American Political Association) (OGBA Member)