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Save Our Environment
Continued from page 17
situated properly, they must be maintained regularly, and
users must carefully manage what kind and amount of
wastewater goes into them. Some grey water disposal
designs I've seen are similar to old and now obsolete
" cesspool " systems (single porous chambers intended
to contain sewage solids) and have no separate effluent
distribution and percolation system.
Contrast the Mast holding with prior holdings
involving the Amish. In Wisconsin v. Yoder, 406 U.S.
205 (1972), the U.S. Supreme Court held that a state
compulsory attendance law, as applied to require Amish
children to attend ninth and tenth grades of public
schools in contravention of Amish religious beliefs,
violated the Free Exercise Clause. In United States v. Lee,
455 U.S. 252 (1982), the High Court denied the Amish
exemption from compulsory participation in the Social
Security System. See also Minnesota v. Hershberger, 462
N.W. 32d 393 (1990), where the Minnesota Supreme
Court ruled that the state failed to demonstrate that
alternative " slow moving vehicle " signs did not protect
public safety, and therefore the application of the
Minnesota law to the Amish defendants violated their
freedom of conscience rights protected by the Minnesota
Constitution.
At the conclusion of his concurring opinion in Mast,
Justice Gorsuch left us with these words:
In this country, neither the Amish nor anyone else
should have to choose between their farms and
their faith.
Slip Op. at 6.
We pray there is a middle ground.
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18 | New Matter

ChesterNewMatter4thQtr2021

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