The Wall Street Journal reports on an interesting and
serious controversy in Auburn, Kentucky. About a decade ago, an Amish community
settled in the area. Friction developed over horse manure that was deposited on city streets. Recently, the town amended its animal
waste ordinances (think dog poop here) to require horses on city streets to
wear a shield that collects horse manure before it hits the ground.
Before we talk about the legalities, let’s clear up some
points.
The Amish carry pails to scoop up their horse manure. They’re not 100%
successful, but they make an effort.
More fundamentally, on religious grounds
the Amish reject “worldly things.” They interpret this to mean they cannot use
horse diapers.
(As an aside, I wondered why a pail is not worldly but a diaper
is … but in my faith, there are many illogical practices that are perfectly
rational in a Jewish context.)
Another point: Some Amish have refused to pay fines and have
served time in jail.
Legalities: The Religious Freedom and Restoration Act was
passed in 1993. It was amended after Oregon denied unemployment compensation to
two Native Americans who were fired for using peyote in a religious ceremony.
Congress, therefore, broadened the law in 1997. The gist of the law is that the
“Government shall not substantially burden a person’s exercise of religion even
if the burden results from a rule of general applicability.”
For example: private employers, such as Hobby Lobby, have
successfully used RFRA to block the ACA requirement to fund contraception. Hobby
Lobby owners stressed that the health care law could not compel them as
business operators to violate their religious tenets.
The law has widening applicability, and it frequently runs
into boundaries over public laws against discrimination, as well as educational
and health laws.
So, whatever we make of the horse manure case—and its
resolution or lack thereof— it signifies future tensions between public and
religious values. And that prediction is not BS.
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