Amish in Pennsylvania

[Bradley P Jacob]

Is it possible that the trial judge views this as a "hybrid rights" case
involving free speech or associational rights in addition to free exercise,
thereby (arguably) triggering strict scrutiny under Smith?

Brad
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Professor Bradley P. Jacob
Regent University School of Law
1000 Regent University Drive
Virginia Beach, VA 23464-9800
Voice 757-226-4523
Fax 757-226-4329
Email bradjac at regent.edu
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-----Original Message-----
From: Law & Religion issues for Law Academics
[mailto:RELIGIONLAW at listserv.ucla.edu]On Behalf Of sandy levinson
Sent: Thursday, June 06, 2002 11:08 AM
To: RELIGIONLAW at listserv.ucla.edu
Subject: Re: Amish in Pennsylvania


There's a story in today's New York Times about a very strict sect of Amish
that refuses to comply with Pennsylvania's law that buggies carry red (I
think it is) reflecting tape and a triangle.  They want to use a grey tape
(because red is too colorful) and a lantern (because they object to the
triangle as a symbol).  They are threatening to move away if Pennsylvania
doesn't stop giving out tickets for failure to obey the law.  What's
interesting is the last line of the article, in which the local judge
hearing the case (in which the Amish are being represented by the ACLU and
a private law firm) is quoted as saying that Pennsylvania is going to have
to present a "compelling interest" for requiring red instead of grey and a
triangle instead of a lantern.  The is an obvious misstatement of the
positive law, at least relating to the US Constitution.  (Does anybody
doubt that Pennsylvania wins its case in the post-Smith, post-Boerne
world?)  So my questions are twofold:  a) Does Pennsylvania have a "little
RFRA" that requires a compelling interest when religious observance is
being burdened or has the Pa. Supreme Ct. interpreted the Pa. Constitution
to protect religious liberty more than the US Constitution does; b) Is this
just another example that there is a huge gap between the law on the books
and the law as implemented by "inferior" judges?

sandy