Way back in May 2024, I wrote about Miller v. McDonald. Amish parents challenged New York's vaccine mandate on Free Exercise Clause grounds. In December 2025, the Supreme Court GVR'd the case in light of Mahmoud. Unsurprisingly, the New York courts thought Mahmoud changed nothing. The case is now back before the Supreme Court. A cert petition was filed on September 28.
The New York Times covered the case in an article titled, "Amish Families Pushed to Undo a Vaccine Law. Then Measles Arrived." The undercurrent of the article is that Amish children deserve to become sick because their parents did not vaccinate them. The New York Health commissioner made this point expressly:
In a petition filed on Sept. 28, the Amish asked the U.S. Supreme Court to force New York to grant religious exemptions to immunization rules, as most states do. A previous ruling gave the Amish reason to think they might have a chance at prevailing.
But then a wave of measles cases began sweeping through Amish communities. Gov. Kathy Hochul declared a statewide health emergency this month after more than 100 people fell ill with measles.
"Perhaps Mother Nature, by delivering a measles outbreak in New York's Amish community coincident with this case returning to the Supreme Court, is her not-so-subtle hint," said Dr. Howard Zucker, who was state health commissioner when New York eliminated religious exemptions.
If only the Amish people chose the state over their religion, and took the hint, they wouldn't have so many sick children! I am appalled by Zucker's arrogance and hostility to religion. He is stating that "Mother Nature" is sending a signal to the Amish that adhering to their religion is making children sick. In effect, nature is punishing the Amish for not submitting to Kathy Hochul.
Chief Justice Burger described this unique community in the Supreme Court's unanimous Wisconsin v. Yoder decision:
The history of the Amish sect was given in some detail, beginning with the Swiss Anabaptists of the 16th century, who rejected institutionalized churches and sought to return to the early, simple, Christian life deemphasizing material success, rejecting the competitive spirit, and seeking to insulate themselves from the modern world. As a result of their common heritage, Old Order Amish communities today are characterized by a fundamental belief that salvation requires life in a church community separate and apart from the world and worldly influence. This concept of life aloof from the world and its values is central to their faith.
A related feature of Old Order Amish communities is their devotion to a life in harmony with nature and the soil, as exemplified by the simple life of the early Christian era that continued in America during much of our early national life. Amish beliefs require members of the community to make their living by farming or closely related activities. Broadly speaking, the Old Order Amish religion pervades and determines the entire mode of life of its adherents. Their conduct is regulated in great detail by the Ordnung, or rules, of the church community.
It is especially awful for Zucker to weaponize "Mother Nature" (capital letters) against a people whose life is devoted to "harmony with nature."
This is not the first time New York has accused insular religious communities of spreading diseases. In October 2020, then-Governor Andrew Cuomo shared a photograph of religious Jews congregating in close quarters as evidence they were spreading the disease. He said, "I'm going to say to the orthodox community tomorrow if you don't agree then we will have to close down your religious institutions." The only problem was that the photograph was from the 2006 funeral of Hassidic rabbi Moshe Teitelbaum. And the photo wasn't even from New York City. It was taken in the Orange County village of Kiryas Joel. This charge really isn't new. Jews were blamed for the spreading of the Bubonic Plague, among other pandemics.
The Times gestures at the religious reasons why the Amish oppose the vaccines:
But many Amish families regard vaccine mandates — and government intrusion in their schools — as a greater threat to the health of their community than measles. Their religion calls for adherents to live together in tightknit religious communities apart from the modern world and its influences.
"Our almighty God wants us to fully put our faith and trust in him, which is in conflict to put our trust in vaccines," Ezra Wengerd, an Amish leader who represents the 26 families that send their children to the three schools, told a judge in 2022.
The Amish have been practicing their faith for more than three centuries and have principled reasons to oppose vaccines. Indeed, the Amish have a far stronger case to object to vaccines than many people who made up their beliefs during the pandemic. Shame on the New York government for singling out this tradition in such hostile terms.
Zucker and others do not seem to know or care what it means to place faith in a higher power. Instead, Zucker thinks Mother Nature is seeking retribution against the Amish children.
Yet, perhaps we should be grateful. This sort of statement should feature prominently in future briefing. Indeed, Zucker demonstrates the sort of hostility we've seen in past victories for religious liberty. In the leadup to Fulton v. City of Philadelphia, a government official said that "things have changed since 100 yearsago," and "it would be great if we followed the teachings of Pope Francis, the voice of the Catholic Church." And in Masterpiece Cakeshop, a commissioner said "Freedom of religion and religion has been used to justify all kinds of discrimination throughout history, whether it be slavery, whether it be the holocaust." These statements are prima facie evidence of religious hostility.
So thank you Mr. Zucker. You've made the odds of your state losing far greater.
People sometimes ask me whether I would ever want to live in New York again. The answer is 1000% no. This state consistently exhibits so much hostility towards people of faith. Here in Texas, some people object to posting the Ten Commandments on the wall of classrooms as some evidence of hatred. But no piece of paper can compare to the overt disdain towards traditional religions that people like Zucker and Cuomo demonstrate. So long as religious people get vaccinated and attend services on Zoom, they are in good standing with the government. But as soon as any person of faith deigns to disagree with elite opinions, then Gaia will seek vengeance.
These people are living in an episode of Captain Planet. (I cringe that as a child I absorbed this Turnerfied propaganda.)
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