The Amish in
America
Kanako, Dominique, Sarah, Manyara,
Yiyang and Alexandra
Group 2
Outline
Historical Background
Amish Values and Beliefs
Amish and International Law
Amish and US Constitutional Law
Gringerich v. Commonwealth
U.S. v. Lee
Wisconsin v. Yoder
Conclusion
Discussion Questions
Historical Background
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Christian church fellowship with Anabaptist origins
Founder was Jakob Ammann in 1693
The first arrived to the US in 1720
Based largely in US, 75% lives in Pennsylvania, Ohio
and Indiana
Three religious Amish groups: The old Amish order,
the Beachy order and the New order Amish
Language: Pennsylvanian Dutch, high German and
English
Amish Values and Beliefs
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Rejection of “Hochmut” and highly value “Demut”
“Ordnung” rules set by the church
○ plain dress
○ prohibitions
Traditional gender roles
Large families
Amish and US Constitutional Law
● First Amendment of US Constitution, “Congress shall make no law
respecting an establishment of religion, or prohibiting the free
exercise thereof...”
● Social security exemption for self-employed Amish
● Pacifist beliefs protected
Gingerich v. Commonwealth (2012)
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“Slow moving vehicle emblem”
Members of the Old Order
were ticketed
Right to practice religion vs
safety on the public highways
“General applicable law”
Amish and International Law
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Art. 26(3) Universal Declaration on Human Rights
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U.N.’s International Labour Organisation
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Parents have a “right to choose the kind of education that shall be given to their child.”
prohibition policies on under 18’s partaking in dangerous work conflicts with Amish way
of life.
UN Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities
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Art. 4: “States shall take measures where required to ensure that persons belonging to
minorities may exercise fully and effectively all their human rights and fundamental
freedoms without any discrimination and in full equality before the law.”
U.S. v. Lee, 102 S. Ct. 1051 (1982)
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First Amendment provision
Limitation of exemption
“On appeal, the Supreme Court noted that the exemption
provided by 26 U.S.C. 1402(g) is available only to
self-employed individuals and does not apply to employers or
employees.”
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§310 of the Medicare section of the Social
Security act
Wisconsin v. Yoder (1972)
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State Interest: Compulsory school attendance
“(1) Unless the child has a legal excuse, any person having under his control a child between the
ages of 7 and 16 years shall cause such child to attend school regularly, during the full period and
hours, religious holidays excepted, that the public or private school in which such child should be
enrolled is in session, to the end of the school term, quarter or semester of the school year in
which he becomes 16 years of age.”
- Wis. Stat. sec. 118.15
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Constitutional Right: Freedom of religion
“Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof . . .”
- U.S. Constitution, First Amendment
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Amish religious belief:
salvation requires living in a church
community completely separate
from the world and its influence
emphasis on: life of “goodness”,
wisdom, community welfare
High school education:
emphasis on: intellectual/scientific
accomplishments, self-distinction,
competitiveness, worldly success,
social life with the others
Conclusion
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Respect
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Gingerich & Commonwealth
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Otherwise
Question
What are your thoughts considering the following dissenting opinion? Why?
“I agree with the Court that the religious scruples of the Amish are opposed to the education of their children
beyond the grade schools, yet I disagree with the Court's conclusion that the matter is within the dispensation of
parents alone...Where the child is mature enough to express potentially conflicting desires, it would be an invasion
of the child's rights to permit such an imposition without canvassing his views….On this important and vital matter
of education, I think the children should be entitled to be heard.”
- (DOUGLAS, J., Dissenting Opinion. Wisconsin v. Yoder)