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Summary
- Amish houses and schools fall under the same building codes as their neighbors’, and many Amish obtain permits without dispute.
- The court cases involve a few conservative groups, chiefly the Swartzentruber Amish, who object to smoke detectors, certified plans, inspections or septic systems.
- In Morristown, New York, twelve Amish residents sued the town in 2009; the 2012 settlement dismissed the charges and left smoke detectors to the homeowners after final approval.
- Pennsylvania exempts members of recognized religious sects from some electrical, lumber-grading and plumbing rules, and Wisconsin created religious waivers from its dwelling code in 2015.
- In Minnesota, the state appeals court ruled in 2023 that the government had not shown a compelling interest in forcing four Amish men to install septic tanks.
Bibliography (Click to show)
- Scripture quotations from the King James Version (Romans 13:1; Acts 5:29).
- “Dordrecht Confession of Faith (Mennonite, 1632),” article 13, Global Anabaptist Mennonite Encyclopedia Online. https://gameo.org/index.php?title=Dordrecht_Confession_of_Faith_(Mennonite,_1632)
- Associated Press, “Amish Homeowners Argue Religion Trumps Building Codes,” Fox News, December 13, 2008. https://www.foxnews.com/story/amish-homeowners-argue-religion-trumps-building-codes
- The Amish, American Experience, PBS, first broadcast February 28, 2012, transcript. https://www.pbs.org/wgbh/americanexperience/media/pdf/transcript/amish_transcript.pdf
- Becket, “Yoder v. Morristown.” https://becketfund.org/case/yoder-v-morristown/
- Amish America, “Amish smoke detector dispute resolved,” September 26, 2012. https://amishamerica.com/amish-smoke-detector-dispute-resolved/
- “Morristown, N.Y., settles code violation dispute with Amish,” Building Design + Construction, October 11, 2012. https://www.bdcnetwork.com/codes-and-standards/news/55157458/morristown-ny-settles-code-violation-dispute-with-amish
- Pennsylvania Department of Labor and Industry, “UCC Regulations and Statutes.” https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/bois/ucc-regulations-and-statutes
- Pennsylvania Construction Code Act, 35 P.S. § 7210.101 et seq., section 104(b), compiled text as amended July 2004. https://middletownborough.com/wp-content/uploads/2017/04/pa_construction_code_act.pdf
- Associated Press, “Amish farmer gets jail time in outhouse dispute,” NBC News, March 17, 2009. https://www.nbcnews.com/id/wbna29742577
- “Embattled Amish sect in Cambria County moving to upstate New York,” Pittsburgh Tribune-Review, November 24, 2012. https://archive.triblive.com/news/pennsylvania/embattled-amish-sect-in-cambria-county-moving-to-upstate-new-york/
- “Appeals court upholds fine against Wisconsin Amish couple for not following building code,” Pro Builder, February 7, 2013. https://www.probuilder.com/construction/codes-standards/article/55204016/appeals-court-upholds-fine-against-wisconsin-amish-couple-for-not-following-building-code
- “Amish Family Faces Eviction In Smoke Detector Case,” Wisconsin Public Radio, March 26, 2015. https://www.wpr.org/history/conflicts-disasters/fire/amish-family-faces-eviction-smoke-detector-case
- “State Rules Amish Can Build A Home Without A Smoke Detector, Indoor Plumbing,” Wisconsin Public Radio, September 29, 2015. https://www.wpr.org/justice/state-rules-amish-can-build-home-without-smoke-detector-indoor-plumbing
- Mast v. Fillmore County, 594 U.S. ___ (2021), No. 20-7028, Gorsuch, J., concurring. https://www.supremecourt.gov/opinions/20pdf/20-7028_o758.pdf
- Mast v. County of Fillmore, No. A22-1534 (Minn. Ct. App. July 10, 2023). https://mn.gov/law-library-stat/archive/ctappub/2023/OPa221534-071023.pdf
- Young Center for Anabaptist and Pietist Studies, “Mutual Aid.” https://groups.etown.edu/amishstudies/cultural-practices/mutual-aid/
- Young Center for Anabaptist and Pietist Studies, “Occupations.” https://groups.etown.edu/amishstudies/social-organization/occupations/
- Young Center for Anabaptist and Pietist Studies, “Technology.” https://groups.etown.edu/amishstudies/cultural-practices/technology/
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