Title : "The Swartzentruber Amish do not have running water in their homes, at least as most would understand it."
link : "The Swartzentruber Amish do not have running water in their homes, at least as most would understand it."
"The Swartzentruber Amish do not have running water in their homes, at least as most would understand it."
"Water arrives through a single line and is either pumped by hand or delivered by gravity from an external cistern. In 2013, Fillmore County adopted an ordinance requiring most homes to have a modern septic system for the disposal of gray water. Responding to this development, the Swartzentruber Amish submitted a letter explaining that their religion forbids the use of such technology and “ ‘asking in the name of our Lord to be exempt’ ” from the new rule. Instead of accommodating this request or devising a solution that respected the Amish’s faith, the Minnesota Pollution Control Agency filed an administrative enforcement action against 23 Amish families in Fillmore County demanding the installation of modern septic systems under pain of criminal penalties and civil fines. Faced with this action, the Amish filed their own declaratory judgment suit... But the Amish also offered an alternative. They offered to install systems that clean gray water in large earthen basins filled with wood chips that filter water as it drains...."Wrote Justice Gorsuch, concurring in Amos Mast v. Fillmore County, where the Supreme Court granted cert., vacated the judgment, and remanded the case for consideration in light of Fulton v. Philadelphia.
At Reason, Josh Blackmun, in "Justice Gorsuch Sketches The Post-Fulton Roadmap in Amish Septic System GVR," says: "I think Justice Gorsuch has sketched a three-part roadmap for Free Exercise Clause claims after Fulton. Lower courts, take notice."
First, Justice Gorsuch explains that the government must establish its interest with specificity. This analysis must be "precise," rather than "broadly formulated."...
Second, Justice Gorsuch considers the sorts of exemptions the state gives to other groups.... The Court must consider other jurisdictions that have exempted people of faith.... I don't think this principle follows from Fulton. But it could potentially be a game-changer for Free Exercise cases. States that are overly protective of religious liberty will now set the floor for states hostile to free exercise claims....
Third, the state must demonstrate that its policy is narrowly tailored "with evidence." Not "supposition."...
The County must prove with evidence that its rules are narrowly tailored to advance a compelling state interest with respect to the specific persons it seeks to regulate. Here, that means proving that mulch basins will not work on these particular farms with these particular claimants."
Wrote Justice Gorsuch, concurring in Amos Mast v. Fillmore County, where the Supreme Court granted cert., vacated the judgment, and remanded the case for consideration in light of Fulton v. Philadelphia.
At Reason, Josh Blackmun, in "Justice Gorsuch Sketches The Post-Fulton Roadmap in Amish Septic System GVR," says: "I think Justice Gorsuch has sketched a three-part roadmap for Free Exercise Clause claims after Fulton. Lower courts, take notice."
First, Justice Gorsuch explains that the government must establish its interest with specificity. This analysis must be "precise," rather than "broadly formulated."...
Second, Justice Gorsuch considers the sorts of exemptions the state gives to other groups.... The Court must consider other jurisdictions that have exempted people of faith.... I don't think this principle follows from Fulton. But it could potentially be a game-changer for Free Exercise cases. States that are overly protective of religious liberty will now set the floor for states hostile to free exercise claims....
Third, the state must demonstrate that its policy is narrowly tailored "with evidence." Not "supposition."...
The County must prove with evidence that its rules are narrowly tailored to advance a compelling state interest with respect to the specific persons it seeks to regulate. Here, that means proving that mulch basins will not work on these particular farms with these particular claimants."
Thus articles "The Swartzentruber Amish do not have running water in their homes, at least as most would understand it."
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