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Wednesday, January 28, 2009
Courts - "Ky. court will hear appeal by Amish: Safety triangles at issue in case "
Updating this ILB entry from Nov. 18, 2008, Peter Smithof the Louisville Courier Journal reports today:
The Kentucky Court of Appeals has agreed to hear the appeal of three Amish men who were convicted in Graves County last year for failing to use bright safety emblems on their horse-drawn buggies.The court will hear their claim that their religious beliefs -- which oppose the use of bright colors and "worldly" symbols -- are being violated by a state law requiring orange-red triangles on slow-moving vehicles.
"I'm very pleased that they've decided to look into this matter," said Murray attorney Robin Irwin. He is representing Jacob Gingerich, Emanuel Yoder and Levi Zook, who were each assessed $148 in fines and court costs at last February's trial.
Graves Circuit Court Judge Timothy Stark later upheld their convictions, ruling that the law didn't violate their religious freedom because it was "generally applicable" to all users of slow-moving vehicles and "not aimed at particular religious practices."
In November, seven Amish men were convicted on a total of 10 counts in a Graves District Court trial. Their attorney is seeking a review in Graves Circuit Court. * * *
The Swartzentrubers say they're willing to use lanterns and white reflective tape that outlines the rear of their buggies, rather than forming a symbolic shape. They believe relying on a manmade symbol such as a triangle conflicts with trusting in God alone for their safety. Their modesty code also prohibits the use of bright colors.
Irwin argues that under the religious-freedom clauses of the U.S. and Kentucky constitutions, the state has to accommodate such alternatives.
Stark's ruling disagreed. He cited a U.S. Supreme Court ruling saying any person could "become a law unto himself" by challenging any regulation on religious grounds.
In 1985, a Barren District Court judge acquitted a Swartzentruber man on a similar charge, saying his religious beliefs took priority over the state's law, but that case is not binding on other counties' courts.
Pennsylvania and Minnesota courts have also ruled in favor of Swartzentrubers in similar cases on the basis of their state constitutions, according to attorney William Sharp of the American Civil Liberties Union of Kentucky, who represented defendants in the November trial.
Posted by Marcia Oddi on January 28, 2009 10:00 AM
Posted to Courts in general