Justices Alito and Gorsuch pimp-slaps the Minnesota Pollution Control Agency (MPCA) with a rolled-up copy of the First Amendment.
FIllmore County, with the MPCA at their backs, wanted to force a group of Amish families in Fillmore County to either put in septic tanks or be evicted from their homes:
Fillmore County in 2013 started requiring homes to have modern septic systems to dispose of “gray water” from dishwashing, laundry and such. The Amish sought an exemption, saying their religion prohibits that technology. They offered instead to use earthen basins filled with wood chips to filter water as it drains, which are allowed in some states including Montana and Wyoming. But the county went as far as seeking a court order to force 23 families from their homes if they refused to comply, Gorsuch wrote.
Justice Samuel Alito wrote that the Minnesota courts “plainly misinterpreted and misapplied” the federal Religious Land Use and Institutionalized Persons Act, which was also at issue in the Philadelphia case.
The act “prohibits governments from infringing sincerely held religious beliefs and practices except as a last resort,” Gorsuch wrote, 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,” he said.
Trump’s judicial legacy is looking more and more to far outweigh all stress he caused.
I don’t know, Mitch, I am was not feeling as stressed then as I am today.
Wow! A Democrat controlled Minnesota government entity misinterpreted in most cases, the laws they enacted?! I’m shocked! Shocked, I say!
jpa, I agree. But at least there’s no mean tweets anymore.
The thing that is interesting to me is that without running water, exactly how much water is going to go into an Amish septic system to begin with? I’m not a civil engineer, but I’m guessing that the technology that is appropriate to Amish water usage of a few hundred gallons a month is a bit different from that which is appropriate for “English” water usage of a few hundred gallons per day. Certainly the potential for contamination of water sources is far different.
bike, you are using logic and common sense, something that is an anathema to goobernment workers.
bike;
Some of the Amish farmers use those big sprinklers to irrigate their fields, but, that’s the only electricity they use.
JPA, boss. :^) I know of Amish who actually use a fair amount of modern conveniences, but I’m of the notion that this case does not involve them.
One other thing that comes to mind here is that a lot of septic regulations, and really regulations that apply to all of rural life, almost seem to be designed to force people off the land and into towns and cities. To draw a picture, with a well designed septic system of 1970s vintage, you really don’t need 35 acres to ensure safe drinking water from your well. But that doesn’t stop governments from insisting on 35 acres and a super duper special septic system.
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bike, I don’t know what you mean. I live in septic system country. I don’t have 35 acres nor any super duper special septic system. My daughter built a house around the corner (rurally speaking) last year and she doesn’t either.
almost seem to be designed to force people off the land and into towns and cities.
strong>are designed to force people off the land and into towns and cities.
There, fixed it for you. You are welcome.
jdm; it’s a minimum lot size for those what weren’t platted out prior to a certain year. So if you find a lot that is eligible, you’re good, but if you want to take five acres out of somebody’s cornfield or pasture, you’re out of luck.