Saturday, January 21, 2017

What’s the Connection between Horse Manure and Freedom of Religion?

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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