The Amish in America
Group 2
Legal History of Minorities
Supervisor: Christian Häthén
History of the Amish
• The Amish are a group of traditionalist
Christian church fellowships, originally of
Swiss Anabaptist origins.
• The Amish church began with a religious
schism in Switzerland within a group of Swiss
and Alsatian Anabaptists in 1693 led by Jakob
Ammann. Those who followed Ammann
became known as Amish.
The Amish move to America
• In the early 18th century, many Amish and Mennonites
immigrated to the United States of America.
• The migration was sparked by a number of factors
1. Religious persecution from other Christian groups
2. Wars
3. Poverty in Europe.
• The Amish who settled in Pennsylvania mainly
relocated to Lancaster County but other Amish subgroups moved to other prominent areas such as
Indiana, New York and Michigan.
The Amish split in America
• The majority of Amish
communities that were
established in North America
eventually relinquished their
Amish identity.
• 1860’s: Amish church
conferences,
Dienerversammlungen,
established to discuss methods to
adapt to modern society.
• These meetings were boycotted
by traditionalist Amish.
• 2/3of the group chose to remain
progressive and later united with
thethMennonite Church in the early
20 century.
• 1/3 who chose to retain the
traditional way of life became
known as Old Order Amish.
The Amish in American Today
• As of 2012, over 251,000 Old Order Amish live in
the United States spread across 456 settlements,
with increasing movement to the West.
• Today, the most traditional descendants of the
Amish continue to speak Pennsylvania German,
also known as "Pennsylvania Dutch".
• Old Amish live by the code of Ordnung which
stresses the virtues of humility, obedience and
simplicity.
Amish Religion History
• It is a branch or division of the Swiss Anabaptists
and is closely related to the Christian religion.
• However, there are some differences:
- Scripture based
- Separation of church and state
- Adult baptism
• Called upon by God to lead a “simple life of faith,
discipline, dedication and humility”.
• Individual practice- not a display to others.
Amish Church Services
• Held in community members’ homes every
other Sunday.
• It’s a time to worship God, preserve
community tradition and renew ones faith.
• It consists of chanting and singing hymns from
the Ausbund- one of the most important
books to the Pennsylvania Amish.
• These hymns are passed down from
generation to generation orally.
Rumspringa
• When an Amish child
turns 16, they can
choose to experience
the outside world.
• After this time, the child
decides whether or not
to return back to their
Amish community.
• They are then baptized
as a full member of the
community.
Amish Lifestyle
• “Not conformed to this world”
• They separate themselves by living in small communities and are
different in their:
- Language: Pennsylvania Dutch, High German and English.
- Dress: simplistic and distinctive clothing, reflecting their “faith,
purity and social separation from the world”.
- Education: formal education up until the eighth grade then
vocational schooling.
- Family work roles: each family member plays a crucial role and
contributes to the family as a whole with work divided by gender
roles.
- Rules: governed by Ordnung or set of unwritten rules.
- Amish shunning
The Amish and the Laws of the
United States
How the Amish use the law
• The Amish accept the necessity of
government but try to minimize
their interactions with it
 „strategy of withdrawal“
 They pay state and federal income
taxes as well as real estate taxes
 Some vote in elections but holding
public office is forbidden for them
 They refuse jury duty
The Amish and the Laws of the
United States
Their view on courts and lawsuits
• They avoid going to court
• There is a taboo of civil law suits
 the Amish rely on their own
congregational courts
• Instead of reporting crimes the
Amish normally deal with them
according to Amish church
discipline
The Amish and the Laws of the
United States
Exemptions from U.S. laws
• The Amish formed the National Steering Committee to
negotiate with the government
• They were granted a great account of religiously based
exemptions to generally binding laws
• The two most important are:
 The freeing of the obligation to send their children to High
School (“Wisconsin v. Yoder” –Case)
 The exemption from the payment of social security-related
taxes
Laws v. Reality
Schooling
Laws v. Reality
Schooling
• Wisconsin v. Yoder – 1972
• Pennsylvania school – The Amish vocational
school (1955)
• The Hershberger case
Laws v. Reality
Compulsory insurance
• Responsibility of the
state for the elderly – a
denial of the faith
• Exemptions
Laws v. Reality
Medical attention
• Forced medical
treatment
• Expensive medical care
• Higher pain threshold
Laws v. Reality
Do Amish Use the Law?
• Rebellion against the system – un-Christian
and unthinkable
• Forbidden to take oaths, serve on juries or
collect debts on courts (The Witness 1985)
• No reports of the violence
• Amish beard cutting case
Laws v. Reality
Do Amish Use the Law?