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In the fall of 2011, the newspapers told of a strict Amish bishop disciplining one-time members of his Amish community. Samuel Mullet, Sr., had a history of out-of-the ordinary disciplinary and educational methods, particularly related to the sexual activity of the members of his Amish community. Members of Mullet’s community refused to comply with his orders and Mullet coordinated disciplinary measures with members still loyal to his leadership. Over the course of a few weeks, Mullet’s followers cut the beards and hair of numerous victims within the Amish community, which considers beards and hair as sacred symbols. Mullet and his followers were charged under the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009 (HCPA), which requires imprisonment for acts of violence “because of . . . actual or perceived religion.” Prior to their recent conviction, Mullet and his followers challenged the applicability of the HCPA on the basis that the action was “intra-religious,” since all of the individuals involved were Amish. Mullet also maintained that his actions were religious discipline. The district court found against Mullet, explaining that the statute allows for convictions intra-religiously and that history provides numerous examples of “internecine violence.” The court held:

indiana law review

Say What You Need To Say: A Concurring Opinion Regarding Intra-religious Hate Crimes After the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act and United States v. Mullet