Federal labor laws prohibit children under 16 from working in manufacturing, and children under 18 are restricted from working in other dangerous occupations. The Amish contend that these laws infringe upon their religious beliefs and traditional work ethic, and they’ve petitioned the government for relief from child-labor regulations. The community has successfully fought similar battles in the past, most notably in 1972, when the U.S. Supreme Court ruled in the community’s favor in Wisconsin v. Yoder, stating that it was unconstitutional to force Amish children to attend public school past the eighth grade.
The court’s decision was based on constitutional issues pertaining to parental rights and religious freedom. The Amish community, known for being extremely insular, operates its own parochial schools. Children are taught by teachers with only an eighth-grade education, yet when tested by the Department of Education, Amish students generally perform as well as public school pupils.
In its current child-labor skirmish the community has met with mixed success. In December 2000, Amish leaders met with Representative Joseph Pitts and Senator Arlen Specter, both Republicans representing Pennsylvania, the state where the majority of America’s Amish community resides. Specter and Pitts are in favor of granting the community its exemption.
Several months prior to the meeting Pitts proposed legislation that would allow Amish teenagers to work in vocations deemed “hazardous,” such as woodworking. The legislation would require additional anti-noise and safety measures to be put into place for the teens’ safety, such as barriers to protect them from flying wood chips and debris. Pitts’ measure passed in the House of Representatives, but has failed twice to pass in the Senate.
“We do not want children running dangerous machinery,” said Pitts following the meeting. “This is about allowing youth to . . . continue their educations as their fathers did–as trade apprentices.”
The Department of Labor is adamantly against Pitts’ legislation. The Labor Department maintains that an exemption would place children in danger. Labor Department representatives have noted that deaths and injuries in the woodworking trade are approximately four times the national average.
“While we respect deeply the culture and religious tradition of the Amish and similar communities, we can’t support a bill that exposes young workers to serious hazards in the workplace,” said John Fraser of the Department of Labor.
Many members of the Senate agree. They also fear that it may be unconstitutional to grant an exemption to any one group based on religious issues. Senator Specter, however, feels the Amish are entitled to special consideration, ostensibly due to their unique religion and customs.
“I think there are special circumstances for the Amish young, and they ought not to be subject to Department of Labor regulations,” Specter stated. He and Pitts plan to continue their fight for the Amish cause in 2001.
Deborah Baxtrom is a freelance writer living in Los Angeles, California.
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