The Kentucky Court of Appeals heard argument yesterday in a dispute pitting public safety laws against Amish religious exercise. Cited for failing to affix a reflecting triangle on the back of their horse-drawn buggies, members of the Old Order Swartzentruber Amish sect argue that such a display violates their religious mandate to reject modern culture, as well as their need to trust only in God for their safety.
At least one judge of the 3-judge panel sounded critical of the Amish position:
“This case is about the right of Kentuckians to freely exercise their religious beliefs and by necessity the limits of government's ability to impose a substantial burden on that right,” said William Sharp of the American Civil Liberties Union of Kentucky.
But a justice on the Kentucky Court of Appeals quickly challenged that claim in a hearing on Thursday, saying the Amish men were putting not only themselves at risk, but children in cars whose drivers may not be able to avoid striking the dark, slow-moving buggies.
“We want to restrict governmental intrusion into our lives, but (not) when you start endangering other people,” said Judge Kelly Thompson. “There might be a baby in the car that hits that buggy. How do you justify putting that baby in danger to express your religious beliefs?”