By Steve Karnowski
Members of a deeply conservative Amish community in Minnesota don't need to install septic systems to dispose of their “gray water,” the state Court of Appeals ruled Monday in a long-running religious freedom case that went all the way up to the U.S. Supreme Court.
A three-judge panel ruled that the government “failed to demonstrate a compelling state interest” to justify overriding the religious freedom of the Amish families that challenged state regulations governing the disposal of gray water, which is water that's been used for dishwashing, laundry, and bathing, but not toilet waste.
The Swartzentruber Amish in southeastern Minnesota are among the most traditional Amish groups in the country, U.S. Supreme Court Justice Neil Gorsuch noted in a 2021 ruling. It sent the case back to Minnesota courts for reconsideration in light of a high court decision a month earlier in a different religious freedom case. That ruling went in favor of a Philadelphia-based Catholic foster care agency that said its religious views prevented it from working with same-sex couples.
A Minnesota district court last September concluded that the government showed that it had a compelling state interest "of the highest order" in requiring the Swartzentruber Amish to use septic tanks to protect groundwater supplies in the area. The families then appealed again. The Court of Appeals sided with them Monday, and sent the case back to the lower court for an order in favor of the Amish.
Fillmore County in 2013 started requiring homes to have modern septic systems to dispose of gray water. The Swartzentruber Amish sought an exemption, saying their religion prohibits that technology. They sued in 2017. For years they had discharged their gray water directly onto the ground. They offered instead to use mulch basins filled with wood chips to filter the water, as allowed in some other states, but the government argued that mulch basins would be ineffective.
The federal religious freedom law that was at issue in the Philadelphia case “prohibits governments from infringing sincerely held religious beliefs and practices except as a last resort,” Gorsuch explained at the time, 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,” Gorsuch said.
The Court of Appeals noted that the Swartzentruber Amish use some technology, but don't own or drive automobiles, and don't use telephones, electric lights or modern flush toilets. They supply water to their homes from cisterns and have always prohibited septic systems.
Albania's Prime Minister Edi Rama says his new Cabinet will include an artificial intelligence “minister” in charge of fighting corruption. The AI, named Diella, will oversee public funding projects and combat corruption in public tenders. Diella was launched earlier this year as a virtual assistant on the government's public service platform. Corruption has been a persistent issue in Albania since 1990. Rama's Socialist Party won a fourth consecutive term in May. It aims to deliver EU membership for Albania in five years, but the opposition Democratic Party remains skeptical.
The Trump administration has asked an appeals court to remove Lisa Cook from the Federal Reserve’s board of governors by Monday, before the central bank’s next vote on interest rates. Trump sought to fire Cook Aug. 25, but a federal judge ruled late Tuesday that the removal was illegal and reinstated her to the Fed’s board.
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Chief Justice John Roberts has let President Donald Trump remove a member of the Federal Trade Commission, the latest in a string of high-profile firings allowed for now by the Supreme Court.
President Donald Trump has fired one of two Democratic members of the U.S. Surface Transportation Board to break a 2-2 tie ahead of the board considering the largest railroad merger ever proposed.
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