Which was most appealing in Sharon Gerber’s and Jesse Cantwell’s cases? Why? How would you respond if asked to decide on such cases??TheCaseofJesseCantwell.pdfTheCaseofSharonG

Does religious freedom include the right to criticize other faiths? The U.S. Supreme Court faced that question.

JESSE CANTWELL trudeed heavily down the street, hig figure lopsided from the drag of a bulky btack suitcase. It contained books, pamphlets, a. portable phonograph, and a set of records. Cantwell wore a neat business suit hnd a felt hat. 'From outward appear- ance he might have beert just an-. other hardworkiirg salesman. In a way l:: ws. He was a Jehovah's Withess.

Cantwell walked on Cassius Street in New lliaven, Conn. The street was heavily populated and full of life-clus{ers of men in earnest sidewalk conversatioins, housewive chatting from porch to porch. That ulas good for d man with calls-to make.

Cantwefi had spent most of the' day eoing from dooi to door. First he would ask each person for per- mission to play a record, which introduced and described a book. If permission waS granted, he played the record and asked the Irerson to buy the book. If der- mission was refused, Cantwell isked a contribution toward the'' publication of pamphlets. For each contribution, he gave a pamphlet

-on condition that it be read.

HIS DAY, he thought, had not been very succeseful. Sorhe home- owners had taken quick ofrense at his presentation. There had been more than the usual nurrrber of slammed doors. Yet Cantwell felt

some consolation. He knew why the &y had been diffianlt. Caeeius Street wias tnore than 90 percent Catholic.

Even in tlre best of circum- stancbs, Cantwell knew, the work of a Jehorah's Witnese was not easy. Every Witness who preached .the truth of the Bible ae faith: fulli aa he ehould, Cantwell thought, could expect resistance.

He knew thls resietance might take the form of ridicule, threats, and even violence. From time to time .,IYitneiseg had' beeir beaten or chaeed through the streets.

What was more, Cantwell knew, was that Witnesses often encoun- tered a wall of restrictive local .h*s. These laws misht forbid un- invitcd calls at homeg, or lew high'taxes, or require licenses that were often impossible to obtain.

OPPASITION arises partly.-in reslrcnse to basic beliefs of the Jehovah's Witneeses. Witnesses be- lieve tlrat Satan has ruled .the world since 1914. They believe that the world has gotten progres-' sively worte eince then and is rap- idly moving toward Aruageddon.-, In this great battle, Jehovah (from the Hebrew name for God) is ex- pected to deetroy Satan and all other evil. Thereafter, VYitnesees iay, God. will rule a world free of pain, sorrow, and even dath.

At their periodic conventiong, lVitnessee wear birdges proclaim-

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MINOBITY PBOBIJM_2

ing, "God's Kingdom Rules-Is t|g World's End Near?" Yet, ac- cording to Witnesses, only. 144,000 Irersons will go to heaven, there to rule with God as kings for a thousand years.

WITNESSES base all their be- liefs solely on the Bible. They cite references to both the Old and New Testaments, but their inter- pretations differ greatly from those of other faiths. For example, tffit- nesses do not believe in the general immortality of the soul, but say that the soul-except for those of people who will go to Heaven- dies with the body. Witnesses deny the seneral belief that Jesus died on the cross; they say He was tortured to death at the stake.

Another Witness belief forbids blood transfusions as violating a biblical injunction against "at- ing blood." Time after time Wit- nesses have refused to consent to blood transfusions for themselves or for their children, even when the refusal appeared to mean cer- tain death. The courts have gener- ally respected the right of adult Witnesses to refuse; but judges have often ruled that no parent has a right to consign his child to death by refusing blood out of re- Iigi_ous conviction.

lecause all Witnesses regard. themselves as ministers, opposed to taking part in war, they fre- quently seek to be exempted from tnilitary service. Draft disputes have landed hundreds of them in federal prisons. In most other re- spects, lVitnesses have won the right to be ionsidered ministers in the eyes of the law.

THIS WAS RIGH?, thought Jesse Cantwell as he walked down Cassius Street. He was disturbed about some of the incidents of the day. But then, he reflected, God had commanded Jehovah's Tlit- nesses to teach others.

The thought made Cantwell feel somewhat better about the most unfortunate incident of the day. It had occurred when Cantwell stopped'two men in the street to ask their permission to p}ay a record for them. Somewhat be- musedly the men had given per- mission.. The record described a book entitled Enemies and con- tained a general attack'on all orpnized religious systems as in- struments of Satan and harmful to men. The record singled out the Roman Catholic Church as the most evil.

As the record played, . the two men, both Catholics, had looked at one another in astonishment. Then anger had welled up in them, pumping their faees red. Cantwell had been sure that they were going to hit him. But instead one of the men had told him angxily, "You better get ofr the street before something happens to.)ou." With- out hesitation and without a rord, Cantwell had pieked up his things and left.

Cantwell made a point of never forcing the issue. Throughout the day, he had tried to conduct himself in a quiet, orderly man- ner. If anything, he thought, he had been more courteous thari usual in view of the determined Catholicism he had found on Cas- siue Street.

Nonetheless, the day had not 38

been without its rewards. Cantwell thought he had obtained a few leads-names and addresses of per- sons shor'ing some interest in the Jehorah's Witnesses. Nert week he would call on these people again, this time inviting them to a free Bible lecture.

' CANTWELL ARRIWD at the spot where he was to meet his father and his brother Russell. '

They were working on the opposite ends of Cassius Street. Cantwell glanced at his watch and saw that he was early. Rather than stand there, he might as.well make one last cal!, he said to himself.

Cantweli was looking about for a likely lcoking house when a po- liceman a.pproached him. , "Are you Jesse Cantwell, a mem- ber of an orgnnization called the Jehovah's Witnesses?"

"Yes, I am Jesse Cantwell." "I think you bettcr come with

me." "May I ask the charge?" "Incitiirg a breach of the peace

and soliciting funds without a perrnit."

JESSE CANTWELL, his father, and his brother.were all arrested.

– Each was convicted in the New 'Haven Court of Common Pleas of inciting a breach'of the peace and soliciting funds without a permit.

The state law read in part: "No person ghall .solicitrnondy, services, subscriptions, or any valuable thins for any alleged religious, charitable, or philanthropic cause . unless such causdshall have been approved by the secretary of the Public Welfare C,ouncil."

The' Statc Supreme Court up- held the convictions of all three on the charge ofbreaking this state law. The court reversed the con- victions of Cantwell's fathcr and brother on the breach of the peace

charge, and ordered new trials for them. But the court upheld Jesse Cantwell's conviction on that charge specifically because of his contact with the two men for whom he had played the record in the street.

The Cantwells then appealed to the United States Supreme Court; which agreid to hear the case. In a unanimous opinion, the Supreme Court reversed the convictions of the Cantwells.'

THE COURT HELD that the state law deprived the Cantwells of their liberty. The Court ruled , unaniminously that "Freedom to adhere to such religious orgd-niza- tion o'r form of worship as the iri- dividual may choose cannot be re- stricted by liaw."

The Court held that requiringthe Cantwells to obtain a certificate as a condition of soliciting support for their religious views wds "cen- eorship of religion as a means of determining its right to survive," and a "denial of liberty protected by the First Amendment

The Court noted that on the day of his arrest Jesse Cantwell "was upon a public street, where he had_a right to be, and where he had a right peacefuily to impart his views to others. There is no showing that his deportment was noisy, truculent, overbearing, or offensive , . It is not claimed that he intended to insult or afrront

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MINONITY PBOBLEII-2

the hearers . . . . It is plain that hti wished only to interest them in his propaganda."

In ionclusion, the Court said:

"In the ralm of religious faith . slurp differences arise The tenets of one nnn nwy seern the runhest error to his neighbor. To persuade others to his point

1. Describe Jesse C,antwell's ap- proach as he went door to door on Cassius Street.

2. Whv was Cantwell's task espe- cially difficult?

3. What did Cantwell's record-

1. Evaluating the Decision. Do you agree or disagree with the Supreme Court's general decision in the Cantwell. case? Erplain. What do you think of the opinion that "ixaggeration" and "vilifi- cation" are permissible for use in attempts to persuade people of the worth of certain religious views? Explain. Do you think the following statements are perrnis- sible or not?

a. "The ritual of your religion is a stupid, heathen magig-show."

b. "You people only celebrate religious holidays to get out of

. work." c. "You believe in life'iverlast-

ing because ybu are too weak- minded to face the hard daily demands of life."

d.. "You're deluded iir think- ing you are chosen for heaven. We are chosen for heaven."

of uiew, the plader . . . at times, resorts to emggewtion, to vilifi- ation . . . . But the people of this rution luue ordhircd. in the lieht of history tlwt, in spite of tlu profubility of ercesses ahd, abuses, these liberties are, in the long uiew, essential to enliehtened, opin- ion and right conduct on the wrt of citizens of a d,emocttcy."

Perststing Questions of Modern Life

Facts of the Case

ing say about othgr religions? 4. On what charges was Cant-

well arrested? 5. On what grounds did the U.S.

Supreme Court set aside the con- victions of the Cantwells?

2. Distinguishing Rights. Peo- ple sometimes complain that their privacy is invaded by salesmen who bombard them by means of TV, radio, "junk" mail, doorbell- ringing, phone ealls, and other ways, Should relisious groups be limited in their use of such means to persuade others? Why or why not? Would you agree or disagree with the idea that rbligious groups should be given reduced rates oi special privileges in the use of the following facilities?

a. TV and radio b. Mail c. Telephone d. Public meeting places such

as school auditoriums and town halls

e. Door-to-door solicitation. Explaip ybur opinions.

iili*,ior" of this case "r"

,"r1"*"d for furthsr diecussion on pp. 48-{7.

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, t( ,t d)l

MINOBITY PROBLEM-T

The Case of Sharon Crarber

Does religious freedom include the right to be let alone- euen from laws enacted for the public welfare?

brimmed black hats, and beards.

The.Amish shun almost all mod- ern conveniences. They drive horse- drawn buggies. In their homes the Amish get by without lbrge mir- rors, pictureg, overstuffed furni- ture, electrical_ appliances.

The traditional occupation of the Amish ig farming, which they consider the purest means of earn- ine a livelihood. Amish children are brought up and educated to become fa'rmers. They are immersed in Amish religion from their earli: ebt days. Because the Amish do not seek outside converts, they muet pass dowr their ietigion and cul- ture to their ehildren if their way of life is to survive.

THE AMISH consider public edgcation, with its worldly envi- ronment; not only evil but also -a threat to their existence. This reaeoning impels the Amish to forbid forrnal education beyond the eiehth erade. That is how Sharon became the center of a case called Kcnss u. C,arbn

Shaion's father, LeRov Garber, refused to send Sharon to Partridge Hish School, a coedricational pub- lic school about tcn miles from her hometown. I(ansas school of- ficials said that state law requLed her to enroll there.

Were Sharon's rights to practice het religion being taken away by Kansas school laws? A group of prominent educators and. church'

I^' 1965 when the fuss began, Sharon Garber was a petite and prettt' 14-year-old. She lived in the Kansas frrming community of Yo- der (po ,ulation 275) about nine miles rutheast of Hutchinson. Her father was a successful farm- er. He provided well for his wife and four children.

Sharon lived a way of life quite different from that of most Amer- ican teen-agers, a way that hadn't changed much in 250 years. She E?s a member of a small, tightly knit relisious minority known as, Old Order Amish.

AT THE HEART of Amish be, lief is a biblical command: "Be — not conformed to.the world." To the Amishman this means that one should not dress and behave tike the worldly (in efrect, the rest of society) who are considered to be dominated by a Satanic King- dom. Thus Amish doctrine forbids intimate contact with persons out- side the community.

To help them keep,"unspotted from the wbrld," the Amigh have established a strict code for church members to follorry . in their per- sonal lives. The "Plain People," as they are called, wear somber, modest, old-fashioned clothing. Women wear ankle-length dresses and full bonnets. They may not *'ear bright clothine or high heels, or +'ave their hair. Similarly, the rnen wear dark clothing, broad-

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MINORTTY PROBLEM-T

leaders said they were. They or- ganized the :National Committee for Amish Relieious Freedom to carry the lesal battlb to the U.S. Supreme Court if necessary.

THE CONTROVERSY beean on October 18, 1965, when the Reno County Court charged Shar- on's father with "failure to have his daughter attend continuously a public school or a private de- nominational or parochial school taught by a competent instructor."

Sharon had' finished eighth grade in Mav 1964. She attended

– the small public school that serves Yoder. Then Sharon left school to follow traditional Amish education around home and farm.

Sharon was studying basic sub- jects-math and lianEuages–€very Friday mornittg at Harmony School, a private Amish school at Yoder. Her teacher was Amos Borntrager, an Amish farmer who had an eighth grade education. There were nine other students.

The rest of Sharon's education went on at home. She spent an hour a day on correspondence courses from a school in Chicago

, and hours of on-the-job train- ing in home and farm manage- ment, taught by her mother.

This education did not meet state requirements. A few years before there would have been no problem. But the IGnsas legisla- ture in the summer of 1965 had amended the old law, which re- quired only an eichth grade educa- tion, to say that children must remain in school to the age of 16.

Amish leader's at Yoder tried to obey the law by establishing Har-

mony' School and setting down rules for home etudy. A leadins Amish spokesman had summed up the major reasons for such actions: .

We want to keep our boys and girls on the farm but we qntt do it if we permtt them to min- gle with things of the world. Their minds become filled with all these new ideas . .

E. Dexter Galloway, a Hutchin. son lawyer who defended LeRoy Garber against Kansas state charg- es, said, "This is what the, outside world doesn't understand .

The rest of us, we separate-I'm a lvlethodist and a lawyer, for example. But with the Amish there is no separation. They live their religion. lVhen you get into big consolidated schools there are kids from all areas. The Amish youngisters are throwir in with strangers. Their dress is unique.' They are picked on, discriminated against. "

Glenn Seaton, the superinten- dent of public instruction in Fleno County. took another view. He had v'isited the Partridge school, where about 25 Amish were en- rolled. He said the school was "bending over backwards to make them welcome."

He described the Amish people of Yoder as "pretty resolute. They, – just won't go along. I have noth- ing against these people at all. But I took an oath to uphold the law and they're not meeting it." Mr. Seaton also asked, "Suppose this child grrows up with an eighth grade education, Are the'parents doing a justice to that child?"

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THE COL:NTY COURT did not think so. The judge fined LeRoy Garber $5 for allowing Sharon to violate the law. The conviction was upheld by the Kansas Su- preme Court. On Nov. 5, 1966, the court said:

The ruturul rights of a parent are subordinate lo the police power of the state and may be restricted by municiwl law pro- uiding mintmum eduational standants . . . . The indiuid,tnl @nnot 5e permitted upon reli- gious 6:ounds to be the iudge of his duly to obey lnws enacted in the public interest . . . . Reli- 'ious liberty includes the abso- lute risht to believe but only a limitedright toact.

Donald A. Erickson, a college teacher and a member of the new committee for Amish freedom, dis- asr€ed. He defended Amish edu- cation . in the &iturday Review:

In terms of the Amish culture, the Ptaii People's apprmch to eduation may be one of tlrc most effectiue Wt deuised,. Their success in tmining the young to be farmers ltrls impressed. many agricultuml eq)erts. . . . Arnish prosperity and self-sufficiency are bgendary. These are not the clumcteristics of a prcwttion for adulthood that lr,s failed.

The Amish have lived with prob- lems like Sharon Garber's through- out their history.

In the'early 1700's the Amieh- Mennonites left Switzerland, their founding place, for Ereater reli-

gious freedom in Germany. They left-Germany for an even larger measure of freedom in America. ([n recent years sotDe Amigh may have concluded that America, too, is not a safe haven. A eroup of them recently left Arkaneas for South America.)

THE AMIS.EI situation in Pennsylvani, illustratee a tnttern of development. For years, the Amish were left alone to educate their children ae they saw 6t. But in' 1937 Pennsylvania pssed a law that raieed the age for com- pulsory education to 16 in rural argas. The state called Amish schools inadequate and ordered many of them closed.

In 1949 an Amish appeal came before the Pennsylvania Superior Court. The court ruled that the children might stay at home.

The victory was short-lived, howeter. A few months later, in another case, ihe court reversed itself. The decision left the Amish subject to arrest if they failed to send their children to school up to the age of 16. The early 1950's wbs a time of arrestsi fines, and jail sentences for the Arhish.

In 1954 a compromise known-as the "Home Study Plan," gimilar to that under which Sharon C'ar- ber studies, vvias .gpnerally ac- cepted. Some Amish cotnrnunities avoided trouble by simply holding students in the eighth grade until the age of 16. From time to tirne Pennsylrrania applied. the school Iaws to the Amish, but always found them unyielding. Pennsyl- vania compromised by fitting the school code to the Amish.

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MINONITY PROBLEM_T

Today about 45,000 Amish live in 19 states, 80 percent of them in Pennsylvania, Ohio, and Indiana. Some states have viewed the school laws broadly in reprd to theAmish.

But other states, like Kansas, insist that the Amish send their children to schooi.as required by law. In these states the issue is a vital one: Which comes first, pub- lic law or private beliel? The Amish, for their part, hold and practice one view.

l. psfining ,.Public,, and ..pri- vate." Which of the following Am- ish beliefs and practices would you consider private matters, and which would you consider public?

a. All insurance is evil. Sociat security is a form of insurance and is thus evil.

b. Tractors and automobiles mayn6t'beused.

c. Men should wear full beards. . d. An Amish youth who does

not observe the customs of the cofomunity may be banished.

e. Amish schools receiving public funds foster the Amish religion.

f. lVar iS not.an acceptable means of settling disputes. 2. Weighing a' Decision. lbn

what grounds do you agree or dis- agree with the statc court's deci- sion in Kanss a. Ciarber?

3. Evaluating Rights. Suppose in each of the following situations that the commands of parents, based on religion, go aeainst the wishes of a child. Do you. think

Persisting Questions of Modern Life

Facts of the Case

l. On what grounds did Mr. Garber refuse to send Sharon to school?

2. On what srounds did the statg of Kansas seek Sharon's at- tendanbe at school?

3. Hor{ successful have efforts been to compel the Amish to obey state education laws?

4. From an Amish point of view how successful has Amish educa- tion been?

the state should step in and over- rule the parents in any cases? Why or why not?

a. A Christian Scientist de- nies medical aid to his child.

b. A parent of one faith pro- hibits his child from associatins with children of other faiths.

c, A father forbids his daugh- ter to date boys of other faiths.

d. A Seventh Day Adventist prohibits his ehild from going to Christ'ras parties and exchang- ing gifts with other children.

e. A parent prevents his child from visiting services with a ftiend of a different faith.

f. A Jehovah's Witness re- fuses to allow his child to salute the flag in school.

g. An atheist refuses to allow his child to enroll in a high school comparative religions class. '. h. A father forbids his child to dance at school socihl affairs.

The quetioire of this ese are rmcwed for further digcusion on pp.46-4?.

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