On The Front Lines
Rutherford Institute attorneys present oral arguments in superior court in defense of Amish farmers' right to religious freedom
GRAND RAPIDS, Mich. --Attorneys for The Rutherford Institute presented oral arguments today before a Michigan Circuit Court on behalf of six Amish farmers who were denied religious accommodation by the Central Michigan District Health Department. Institute attorneys filed a complaint last December in the Gladwin County, Mich., 55th District Court on behalf of the Amish farmers, including one 65-year-old Amish bishop who was arrested and criminally charged with violating a health department ordinance.When the Central Michigan District Health Department issued an order requiring the Amish residents of Gladwin County, Mich., to install complex septic and sewage disposal systems to prevent runoff from household wastewater, the Amish were reluctant to comply. The traditional Amish lifestyle is so simple that it does not include indoor plumbing aside from kitchen sink dishwater flowing into tile-lined septic systems in their yards. Aware that the health department's sanitary code allows for alternate systems, six Amish farmers proposed a simple alternate system of wastewater removal that would allow them to safely and effectively remove wastewater while adhering to their Amish religious beliefs and traditional practices. According to an independent hydrologist called in to review the farmers' proposal, the simple system not only met but far exceeded the sanitary code's requirements. Nevertheless, the health department refused to grant the Amish their variance request. In their petition to the circuit court to review the situation, Institute attorneys argue that forcing the Old Order Amish farmers to introduce such modern amenities is unnecessary and would threaten their religious way of life. The Old Order Amish, also referred to as the "Plain People," have practiced a way of life centered around their deeply held religious beliefs for over 300 years. The Amish believe in following the Bible literally and cite Romans 12:2, "Be ye not conformed to the world," as their chief tenet. They maintain an attitude of separation from the world, wearing plain clothing and generally opposing automobiles, electricity, telephones and formal higher education beyond the eighth grade. They also do not use gasoline, commercial chemicals or chlorofluorocarbons. Because many in the Amish community are adamant about not compromising their religious beliefs, they continue to encounter opposition from various state officials.
"By choosing to target one of the most eco-friendly groups of people in America, the Health Department is essentially forcing these devout believers to justify their religious beliefs and way of life to government officials who believe that a state's rights should trump an individual's rights," stated John W. Whitehead, president of The Rutherford Institute. "As James Madison argued, our Constitution was created to protect the minority from the majority."
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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