UNITED STATES NEWS

Court sides with Amish families in case that pits septic tank rules against religious beliefs

Jul 10, 2023, 11:21 AM

MINNEAPOLIS (AP) — Members of a deeply conservative Amish community in Minnesota don’t need to install septic systems to dispose of their “gray water,” the state Court of Appeals ruled Monday in a long-running religious freedom case that went all the way up to the U.S. Supreme Court.

A three-judge panel ruled that the government “failed to demonstrate a compelling state interest” to justify overriding the religious freedom of the Amish families that challenged state regulations governing the disposal of gray water, which is water that’s been used for dishwashing, laundry, and bathing, but not toilet waste.

The Swartzentruber Amish in southeastern Minnesota are among the most traditional Amish groups in the country, U.S. Supreme Court Justice Neil Gorsuch noted in a 2021 ruling. It sent the case back to Minnesota courts for reconsideration in light of a high court decision a month earlier in a different religious freedom case. That ruling went in favor of a Philadelphia-based Catholic foster care agency that said its religious views prevented it from working with same-sex couples.

A Minnesota district court last September concluded that the government showed that it had a compelling state interest “of the highest order” in requiring the Swartzentruber Amish to use septic tanks to protect groundwater supplies in the area. The families then appealed again. The Court of Appeals sided with them Monday, and sent the case back to the lower court for an order in favor of the Amish.

Fillmore County in 2013 started requiring homes to have modern septic systems to dispose of gray water. The Swartzentruber Amish sought an exemption, saying their religion prohibits that technology. They sued in 2017. For years they had discharged their gray water directly onto the ground. They offered instead to use mulch basins filled with wood chips to filter the water, as allowed in some other states, but the government argued that mulch basins would be ineffective.

The federal religious freedom law that was at issue in the Philadelphia case “prohibits governments from infringing sincerely held religious beliefs and practices except as a last resort,” Gorsuch explained at the time, urging the Minnesota court and local authorities to swiftly resolve the dispute.

“In this country, neither the Amish nor anyone else should have to choose between their farms and their faith,” Gorsuch said.

The Court of Appeals noted that the Swartzentruber Amish use some technology, but don’t own or drive automobiles, and don’t use telephones, electric lights or modern flush toilets. They supply water to their homes from cisterns and have always prohibited septic systems.

United States News

FILE - Protesters shout before a speaking engagement by Ben Shapiro on the campus of the University...

Associated Press

Few Americans say conservatives can speak freely on college campuses, AP-NORC/UChicago poll shows

WASHINGTON (AP) — Americans view college campuses as far friendlier to liberals than to conservatives when it comes to free speech, with adults across the political spectrum seeing less tolerance for those on the right, according to a new poll. Overall, 47% of adults say liberals have “a lot” of freedom to express their views […]

50 minutes ago

FILE - President Joe Biden and California Gov. Gavin Newsom wait for reporters to leave the room du...

Associated Press

California governor to name Laphonza Butler, former Kamala Harris adviser, to Feinstein Senate seat

LOS ANGELES (AP) — California Gov. Gavin Newsom will name Laphonza Butler, a Democratic strategist and adviser to Kamala Harris’ presidential campaign, to fill the vacant U.S. Senate seat held by the late Sen. Dianne Feinstein, a spokesman in his office said Sunday. In choosing Butler, Newsom fulfilled his pledge to appoint a Black woman […]

2 hours ago

File - The Southern University Human Jukebox marching band warms up before the 2023 National Battle...

Associated Press

Federal student loan payments are starting again. Here’s what you need to know

Federal student loan borrowers will need to start making payments again this month after a three-year-plus pause due to the pandemic.

2 hours ago

Associated Press

A woman who fled the Maui wildfire on foot has died after weeks in a hospital burn unit

HONOLULU (AP) — A woman who escaped a wildfire that destroyed Hawaii community by running through a burning field has died after spending more than seven weeks in a hospital burn unit. Laurie Allen died Friday at Straub Medical Center in Honolulu, according to a gofundme page set up for her and her husband, Perry […]

9 hours ago

Associated Press

Inmate accused of killing corrections officer at Georgia prison

GLENNVILLE, Ga. (AP) — A Georgia prison guard died Sunday after he was attacked by an inmate, state officials said. Correctional officer Robert Clark, 42, died at a hospital after an inmate assaulted him with a homemade weapon at Smith State Prison in rural Glennville, the Georgia Department of Corrections said in a news release. […]

10 hours ago

FILE - The U.S. Supreme Court is seen, Wednesday, Aug 30, 2023, in Washington. The new term of the ...

Associated Press

The Supreme Court may tackle guns, abortion in new session starting Monday

Major cases await, as they always do, including several challenges to regulatory agencies and efforts to regulate social media platforms.

10 hours ago

Sponsored Articles

...

DAY & NIGHT AIR CONDITIONING, HEATING AND PLUMBING

Importance of AC maintenance after Arizona’s excruciating heat wave

An air conditioning unit in Phoenix is vital to living a comfortable life inside, away from triple-digit heat.

Home moving relocation in Arizona 2023...

BMS Moving

Tips for making your move in Arizona easier

If you're moving to a new home in Arizona, use this to-do list to alleviate some stress and ensure a smoother transition to your new home.

...

Mayo Clinic

Game on! Expert sports physicals focused on you

With tryouts quickly approaching, now is the time for parents to schedule physicals for their student-athlete. The Arizona Interscholastic Association requires that all student-athletes must have a physical exam completed before participating in team practices or competition.

Court sides with Amish families in case that pits septic tank rules against religious beliefs