This issue
became headlines news in 2011 when an Amish teenager died after a small utility
vehicle (SUV) struck his horse-drawn buggy from behind accidently. The buggy did not have the state
required orange reflective safety triangle affixed to it. In January 2012 another teenage buggy
driver was hit and his buggy dragged into a ditch by a drunk driver. Five children were with him in the
carriage; fortunately no one was injured.
The teenage buggy driver was cited for failing to display the mandated
small moving vehicle (SMV) triangle.
The dispute over
the safety reflective triangles ignited a debate between law enforcement
officers and the Amish in several lower court cases. Dozens of Amish men from
Kentucky, Ohio and Tennessee argue their religious freedom is the issue causing
them to oppose the use of safety triangles and for not paying court-imposed
fines related to the orange reflective safety triangles on their buggies. “We
would be working against our own religious beliefs,” they say.
One of the nine
Amish men jailed and spokesperson for the sect said they believe God will
protect them on roadways and that they should never put their trust in a
manmade object instead of God.
Further, he says the bright orange color of the triangles directly
violates their strict modesty code banning vivid colors. “The use of the orange triangles
encroach upon their spiritual relationship
with God because the Bible admonishes them to shun those things
that are of the world,” said the lawyer from the American Civil Liberties Union
(ACLU) in representing the Amish.
Amish in other
states (Wisconsin, Minnesota and Michigan) have sided with the religious freedom
argument in this case noting that Ohio, New York and Pennsylvania permit Amish
buggies to use silver reflective tape instead of orange triangles. With the repeated jailing of Amish men,
the Kentucky legislature reconsidered their safety laws and its application to
the Amish community. The Amish
spokesperson sent 138 handwritten letters to Kentucky legislators prompting the
Kentucky Senate to pass a bill that will allow the Amish to use reflective tape
on their buggies instead of orange reflective triangles. The Amish are okay
with that decision, but now they want the nine men exonerated. Therefore, in March they went to the
Kentucky Supreme Court to argue that the charges against the men be dropped.
Does the Free
Exercise Clause of the First Amendment allow the Amish to be exempt from laws
that violate their religious beliefs or should they be forced to abide by the
laws like other citizens in their state?
I believe the Kentucky Senate’s passage of a bill allowing the Amish to use reflective tape on their vehicles instead of the triangles is a wise decision, but I do not believe the nine men previously convicted of disobeying the law should be exonerated. The Amish put others at risk during their fight and refusal to adhere to public safety regulations and laws. They won their fight by provisions set forth by the First and Fourteenth Amendments. While the laws were in effect the Amish could have meet the safety concerns partially by using the reflective tape that had been allowed in other states. The Amish were aware of an alternative used in other states but choose to ignore the law and the public’s safety as well as their own. The Kentucky Supreme Court should uphold the law for all its
14 comments:
This is a really interesting case. I think this is another situation where people are free to believe whatever they want, but they may not necessarily be legally allowed to act in whatever way they want. The triangles are clearly for safety purposes and not an anti-religious action by the government. While it may be bright orange, it has to be for people to see dark buggies at night.
I agree with Cathye in that the reflective triangles are for the general safety of the people, and should therefore be mandated by the government. I'm also curious as to any dissent which may be taking place within the Amish community. Why is it that not all Amish believe the reflective triangle is a violation of their faith in God? Why is it that this is the first time we've heard of this being an issue?
There is a very fragile line between separation and equality. Trying to give religion a separate, special stance can prove very harmful for maintaining equality among all citizens. On the contrary, trying to maintain equality will prove harmful for the separation between church and state. This case is a perfect example of how hard it is to give religious groups an equal stance while recognizing their distinctness. since an alternative was present in this case, the Amish should have been mindful of the importance of such traffic safety rules and should have adopted the alternative of the silver tape. The fact that the triangle made them religiously uncomfortable isn’t a problem, but they shouldn’t misuse the special place given to religion in order to disobey the laws. The safety laws are there for a reason, and in cases where there is an opportunity of compromise, both sides should work to promote the general good. In this case, the Amish should have adopted the silver tape before the deaths of the two teenagers, and before they put several lives in danger. It very rarely happens that there is such a perfect compromise which can solve such a controversial relationship between religion and law.
While I understand that the orange triangles are against Amish religious beliefs, the signs are a safety precaution for drivers who might otherwise be unable to see the dark buggies. By not having a sign, these men put people's lives in danger, which, in my opinion, is more important than anyone's religious beliefs. Had the men in question exhausted every avenue of changing the law in order to preserve their religious integrity, I would be more sympathetic. However, by refusing to use the signs, these men put people in danger, and they should serve the full term of their sentence.
The Amish should be required to put either the reflective tape or the orange triangle on the back of their buggies. By not putting anything on their vehicles they are putting other people in danger. When the Amish do not adhere to the law, they are challenging the police power of the state and are endangering themselves as well as others. Kentucky was making an effort in order to not violate their Free Exercise rights by adopting the new law in which they could use silver reflective tape instead of the orange triangle. The law had a secular purpose, it did not advance nor inhibit religion, and there was not an excessive entanglement in government, making it Constitutionally sound. The main purpose of the statute is to ensure the safety of everyone using the roads.
If the Amish buggies are sharing the road with motor vehicles, then they should have some sort of reflective flares in order to avoid injuries for all drivers. The orange triangles or silver flares are not electric. It seems this would not go against their doctrines. If it were a road that only the Amish travel on, it could be understandable not to pursue the idea of a flare. However, once the Amish population leaves their area and interact with outside society, even minimally, they should expect to accommodate somewhat. I agree with Cathye, this is example where people are free to believe but not to act. It is reckless behavior in society.
If the Amish buggies are sharing the road with motor vehicles, then they should have some sort of reflective flares in order to avoid injuries for all drivers. The orange triangles or silver flares are not electric. It seems this would not go against their doctrines. If it were a road that only the Amish travel on, it could be understandable not to pursue the idea of a flare. However, once the Amish population leaves their area and interact with outside society, even minimally, they should expect to accommodate somewhat. I agree with Cathye, this is example where people are free to believe but not to act. It is reckless behavior in society.
I agree with Olivea.
These laws are in place to protect the Amish and other motorists in the area. This issue easily passes the Lemon Test. It would be a good gesture to work with the Amish and use silver reflective tape instead of the orange triangles. However, I completely agree that disregarding safety regulations due to religious purposes is irresponsible. These nine men should have expressed their concerns and worked with the government instead of ignoring rules that save people's lives.
This really shouldn't be an issue. It sounds like is is partially resolved with the compromise of reflective tape, but if the Amish want to use government paved roads, they should have to adhere to government regulations. Having a horse and buggy on the same road as motor vehicles already puts both the people in the buggy and other motorists in a dangerous position, why make it any worse? It can't be easy to see one of those black buggies at night, and at the speed they travel a motorist would be right on one before he could slow down. As the others have said, this easily passes the lemon test's 3 conditions and focuses on the greater good.
I do not see why they can not exonerate the nine men charged. To be honest is an orange sign going to make much of a difference in an accident. Drunk drivers are not going to all of a sudden sober up because there is an orange sign on the back of the Amish buggy. If Kentucky has changed the law to help fall in lines with what the Amish believe, is it really so bad that they exonerate these men? Why should these men still have these charges when anyone else who does what they did now does not get into trouble? I honestly think that is hurts nothing to wipe it clean. It is a waste of tax money for the supreme court to even review the case.
The reason that what they did is different is that they drove the buggies with out anything to alert motorists in the dark to them. Under the new law they still broke the law because they did not have the silver reflective tape either from my understanding. Now if that is incorrect and they had adopted the silver reflective tape as an alternative and were charged anyway then I have more sympathy for the push to drop the charges.
Well this article certainly brings up an issue in class “The Lemon Test” It brings up some of the reasons the state would get involve. I honestly believed when safety is being threatened when making religious decisions, then someone has to step in and take charge. As stated in class it cannot be an official separation of church and state because of situations like these. The bottom line of this article is the protection of people, therefore religious practices will have to bend a little.
I agree with Catherine. The Amish are free to believe as the wish, but not necessarily practice what they believe. They should have to use the orange reflective triangles because other individuals’ safeties are a concern as well. The Amish may believe God will protect them from danger because of their religious obedience, but what about others on the road? The government is not passing an anti-religion law, it is passing a safety law.
IK think the issue of safety vs. religious freedom is an interesting debate. Yes I agree that the law must be fair to all but I also see the Amish's right within this case. Their refusal to use the triangle is a little stretch for their religious beliefs but I must concede because of an ignorance to the the Amish tradition. In the end, I question to what extent people can get away with not following the law due to religious reasons?
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