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In Wisconsin, Increasing Citations ofAmish For Regulatory Violations

By Howard M. Friedman

Yesterday's Milwaukee Journal-Sentinel reports on the growing number of citations in Wisconsin of members of the Amish sect for refusal to comply with various regulatory provisions. In the most recent case, three brothers were fined for not wearing bright orange clothing while deer hunting. The court rejected a religious freedom defense, finding that nothing in the Amish religion requires its members to hunt deer. Other cases have involved building permits, licensing of a candy and jam business, and livestock premise registration. The clashes have increased as Amish move into new areas where officials have little experience in working with them. The Wisconsin Supreme Court has ruled that a "least restrictive alternative" test is to be used in examining free exercise claims under state law (State v. Miller, 202 Wis.2d 56 (WI Sup. Ct. 1996 [LEXIS link])

Full post as published by Religion Clause on July 14, 2008 (boomark / email).