Anabaptism and the 1st Amendment

[Bootstrap]

I thought I'd look for 1st Amendment cases involving Amish or Mennonites. I found this resource.

Refusal to bear arms brings persecution
The French and Indian War and the American Revolution called upon them to bear arms, which they opposed and for which they faced persecution.

They found reprieve centuries later with passage of the Universal Military Training and Service Act of 1958, which “exempts from combatant training and service in the armed forces of the United States those persons who by reason of their religious training and belief are conscientiously opposed to participation in war in any form.”

Wisconsin v. Yoder affirmed religous rights over children's education
These groups also found themselves in legal trouble over educating their children.

Most contemporary compulsory education laws require children to attend school until 16 years of age, but the Amish felt an eighth-grade education adequate for their simple needs and lifestyle.

The Supreme Court ruled in Wisconsin v. Yoder (1972) that the First Amendment’s free exercise of religion clause included the right to keep children out of high school.

Other First Amendment cases
Mennonites found protection in many cases involving Jehovah’s Witnesses, such as West Virginia State Board of Education v. Barnette (1943), which cited the free speech clause to prohibit compulsory flag salutes in public schools.

Amish believe in providing for members of their own communities, and the Supreme Court has exempted individual Amish from paying Social Security taxes. In United States v. Lee (1982), however, the Court ruled that this exemption did not apply to Amish who employed others.

[Bootstrap]

Oaths are, of course, another 1st Amendment issue.

Here's a page on oaths and affirmation in North Carolina history.

Anyone have access to a history that covers this more broadly?

[barnhart]

Roger Williams was also influential in the first amendment. He spent time in Holland and was deeply impacted by the Anabaptists and their insistence on freedom of conscience.

https://en.wikipedia.org/wiki/Roger_Williams

Roger Williams (c. 21 December 1603 – between 27 January and 15 March 1683) was a Puritan minister, theologian, and author who founded Providence Plantations, which became the Colony of Rhode Island. He was a staunch advocate for religious freedom, separation of church and state, and fair dealings with American Indians, and he was one of the first abolitionists.

The Wikipedia article mentions neither the First Amendment, Mennonites, nor Anabaptists. I have read a bunch of articles that do say Williams was influenced by Mennonites / Anabaptists. Anyone have good information on this using primary sources? I haven't looked into this deeply.

But the tradition of religious freedom probably was influenced by Williams.

I think the link is noted in some length in William R. Estep's "The Anabaptist Story".

[Robert]

It seems there is a lot of harmony between Anabaptist ideology/doctrine and the US 1st amendment.

It seems to be some consensus that it has been used and useful to us.

[RZehr]

It has been useful. Yet we Christians lose our freedom of speech when we become followers of Christ. We no longer have the right to say whatever we want. Our speech is highly regulated, no swearing, no blasphemy, no unkindness....
Seasoned with salt, truthful....

[Robert]

It has been useful. Yet we Christians lose our freedom of speech when we become followers of Christ. We no longer have the right to say whatever we want. Our speech is highly regulated, no swearing, no blasphemy, no unkindness....
Seasoned with salt, truthful....

True, yet we do this voluntarily without government regulation or control. We have historically been oppressed by multiple governments who did not like our speech.

[Robert]

https://thefederalist.com/2019/09/16/ei ... eremonies/

Eighth Circuit Rules Gay Couples Can’t Force Christians To Work Their Ceremonies
Minnesota can’t coerce Carl and Angel Larsen into betraying their convictions and promoting ideas or telling stories they find objectionable, the Eighth Circuit ruled.

Not an Anabaptist case, but one we would find very beneficial. Seems the 1st Amendment held up.

[KirkDaniel]

Roger Williams was also influential in the first amendment. He spent time in Holland and was deeply impacted by the Anabaptists and their insistence on freedom of conscience.

Roger Williams was long dead by the time the Bill of Rights was drafted. How did he influence it? Through writings? Through his teachings to the people of Rhode Island that were passed down to their progeny and brought to bear when the Bill of Rights was ratified?

[KirkDaniel]

I thin OJ brings up a really good historical fact as to why many did migrate to PA. It was because they were invited and offered a place to freely practice. Russia did the same. The Russian Czar gave an invitation to Mennonites to come and farm with the promise of state protection.

Don't mean to be persnickety, but it was not a Russian Czar that invited the Mennonites to settle in Russia. It was a Czarina: Catherine the Great herself, who issued a Manifesto in 1763 inviting people to settle in her empire.

[barnhart]

Roger Williams was also influential in the first amendment. He spent time in Holland and was deeply impacted by the Anabaptists and their insistence on freedom of conscience.

Roger Williams was long dead by the time the Bill of Rights was drafted. How did he influence it? Through writings? Through his teachings to the people of Rhode Island that were passed down to their progeny and brought to bear when the Bill of Rights was ratified?

The example of RI and its policies of freedom of conscience were raised as a pattern in the Constitutional convention, as I recall. But this was from my memory of stuff I read years ago, so I don't have good documentation at hand. So I guess it should be classified as hearsay at this point.