Post by Paddy by Grace on Mar 10, 2010 9:33:28 GMT -7
Mark of the Beast: Amish farmer wins livestock-registration case
www.jsonline.com/news/wisconsin/87184992.html
An Amish farmer in Clark County has won his fight against the state's livestock registration law, which he argued violates his religious beliefs.
The case against Emanuel Miller Jr. of Loyal was the first in the state against an Amish farmer over refusal to obey the 2005 mandatory livestock registration law, aimed at controlling outbreaks of disease. It requires owners of premises where livestock is kept to register the location, number and type of livestock with the state.
Paul McGraw, the assistant state veterinarian, said he expects the state to appeal the Miller decision.
Amish and other farmers around the nation have been following Miller's case because of a fear that the law is the first step to the individual tagging of all livestock, a program once advanced by the federal government. Some Amish and others say such a numbering system would amount to the "mark of the beast," which is referenced in the Book of Revelation as being related to Satan. Clark County Circuit Judge Jon Counsell ruled that the state failed to show how mandatory registration furthers animal health and food safety any more effectively than alternatives that would not affect Miller's religious freedom.
Counsell presided at the trial in September, when Amish packed the courtroom, said District Attorney Darwin Zwieg.
In his nine-page ruling Tuesday, Counsell wrote that Miller, 29, had shown a sincere religious belief that would be impinged by the state law. Then the burden shifted to the state to show it had a compelling interest in animal health and food safety that could not be served by something less restrictive than mandatory livestock registration.
Government over God
Miller and his bishop testified that the law reflects a faith in government over God, and would bring the Amish out of isolation from the modern world.
If he registered his farm, Miller testified, he would be shunned by his church and risk eternal d**nation. Further, if he didn't register, he would be unable to buy and sell livestock or use a horse and would essentially have to give up his farming way of life. He kept cattle, chickens and horses at his location, as of September, according to the ruling.
Counsell noted several flaws with Wisconsin's mandatory livestock premise registration. Because it is only renewed every three years, it doesn't account for changes. It will never achieve 100% compliance, and doesn't require the owner to have a telephone, so going door-to-door could still be needed during an outbreak. Further, while the statute allows for exceptions, state regulators chose not to write any that would have covered the Amish.
Meanwhile, Counsell found, the Amish have always agreed under a different state law to list their names and addresses when buying and selling livestock, and that information is sufficient for the state to track animal disease.
www.jsonline.com/news/wisconsin/87184992.html
An Amish farmer in Clark County has won his fight against the state's livestock registration law, which he argued violates his religious beliefs.
The case against Emanuel Miller Jr. of Loyal was the first in the state against an Amish farmer over refusal to obey the 2005 mandatory livestock registration law, aimed at controlling outbreaks of disease. It requires owners of premises where livestock is kept to register the location, number and type of livestock with the state.
Paul McGraw, the assistant state veterinarian, said he expects the state to appeal the Miller decision.
Amish and other farmers around the nation have been following Miller's case because of a fear that the law is the first step to the individual tagging of all livestock, a program once advanced by the federal government. Some Amish and others say such a numbering system would amount to the "mark of the beast," which is referenced in the Book of Revelation as being related to Satan. Clark County Circuit Judge Jon Counsell ruled that the state failed to show how mandatory registration furthers animal health and food safety any more effectively than alternatives that would not affect Miller's religious freedom.
Counsell presided at the trial in September, when Amish packed the courtroom, said District Attorney Darwin Zwieg.
In his nine-page ruling Tuesday, Counsell wrote that Miller, 29, had shown a sincere religious belief that would be impinged by the state law. Then the burden shifted to the state to show it had a compelling interest in animal health and food safety that could not be served by something less restrictive than mandatory livestock registration.
Government over God
Miller and his bishop testified that the law reflects a faith in government over God, and would bring the Amish out of isolation from the modern world.
If he registered his farm, Miller testified, he would be shunned by his church and risk eternal d**nation. Further, if he didn't register, he would be unable to buy and sell livestock or use a horse and would essentially have to give up his farming way of life. He kept cattle, chickens and horses at his location, as of September, according to the ruling.
Counsell noted several flaws with Wisconsin's mandatory livestock premise registration. Because it is only renewed every three years, it doesn't account for changes. It will never achieve 100% compliance, and doesn't require the owner to have a telephone, so going door-to-door could still be needed during an outbreak. Further, while the statute allows for exceptions, state regulators chose not to write any that would have covered the Amish.
Meanwhile, Counsell found, the Amish have always agreed under a different state law to list their names and addresses when buying and selling livestock, and that information is sufficient for the state to track animal disease.