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Mandatory Premise Registration Violates Free Exercise Rights of Amish Farmer

By Howard M. Friedman

In State of Wisconsin v. Miller, (WI Cir. Ct., March 10, 2010), a Wisconsin trial court held that the state's livestock premise registration requirements impose an impermissible burden on the religious beliefs of an Old Order Amish farmer who was cited for failure to comply with the registration provisions. Premise registration violated several Amish beliefs, including requirements they remain isolated from the modern world, that they rely on God not the government, and that they avoid the "Mark of the Beast." Relying on the free exercise protections of the Wisconsin Constitution, the court held that the state failed to establish that its interest in animal health cannot be met by alternative means that are less restrictive of farmer Emanuel Miller's free exercise of religion. The court concluded that alternative voluntary record keeping of the purchase, sale and transfer of animals is actually a more reliable alternative than mandatory premise registration. Tuesday's Milwaukee Journal-Sentinel reports on the decision, indicating that the state will probably file an appeal.

Full post as published by Religion Clause on March 11, 2010 (boomark / email).