New York's Amish community, numbering around 25,000 individuals, is threatening a mass exodus from the state if their legal challenge to vaccine mandates is unsuccessful at the Supreme Court. The religious group is fighting state Health Department fines imposed on their private, one-room parochial schools for non-compliance with vaccine requirements.
These schools, which educate about 15-25 students each and receive no public funding, have been issued significant fines, with three named plaintiffs—Shady Lane school, Pleasant View, and Dygert Road School—accumulating $118,000 in penalties. Attorneys representing the Amish plaintiffs argue that the fines are so substantial that the only way to pay them would be through the confiscation of their land.
The current legal battle stems from a 2019 decision by then-Gov. Andrew Cuomo to rescind religious exemptions for school vaccine mandates. This move followed a measles outbreak in an Orthodox Jewish community and made New York the second state, after California, to eliminate such exemptions. State law requires children attending K-12 schools to receive between 24 and 27 vaccinations according to the Department of Health's schedule.
Attorneys for the Amish plaintiffs assert that the state's vaccine mandate infringes upon their religious freedom. "Have we gotten to a place where we aren’t going to make room for the Amish anymore?" asked Hiram Sasser, an attorney involved in the case, Miller v. McDonald. He characterized the Amish as part of the "American fabric" and a test of the nation's religious liberty and tolerance.
Amish culture generally prohibits both litigation and the use of injectables, making their involvement in this lawsuit a last resort. "The Amish really don’t want to be in this position. They don’t want to be engaging in this lawsuit in any way at all. But they’ve been left with no choice," stated Aaron Siri, another attorney for the plaintiffs.
In a handwritten letter, plaintiff Ezra Wengerd explained the community's stance, stating, "Our Almighty God wants us to fully put our faith and trust in Him. Which is in conflict to put our trust in vaccines. We are also commanded to not be conformed to this world."
This case has been to the Supreme Court before, which sent it back to the 2nd U.S. Circuit Court of Appeals for reconsideration. However, the 2nd Circuit upheld its original ruling against the Amish. The community plans to formally petition the Supreme Court to hear their case again next month.
Legal scholars note that the case may draw comparisons to the landmark 1972 Supreme Court case Wisconsin v. Yoder. However, Wayne State University law professor Christopher Lund suggested that the plaintiffs might not have a straightforward victory, noting that religious exemptions are typically granted when a law is not neutral or generally applicable. The argument hinges on whether exemptions for medical needs should also apply to religious objections.
The New York State Department of Health affirmed its commitment to protecting public health and enforcing laws fairly, stating that school immunization requirements are "based in science" and aimed at eliminating serious illness and deaths from vaccine-preventable diseases.
If unsuccessful in their legal pursuit, the Amish community's potential relocation could see them move to Pennsylvania, which already hosts the largest Amish population in the United States with approximately 95,000 individuals.
The Amish have historically had success in legal challenges at the state level concerning issues like photo IDs, buggy safety equipment, and building codes, often resulting in accommodations that protect their way of life. However, their pursuit of religious exemptions in vaccine mandates presents a complex legal and societal challenge.