Wisconsin v. Yoder | |
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Argued December 8, 1971 Decided May 15, 1972 | |
Full case name | State of Wisconsin v. Jonas Yoder, Wallace Miller, and Adin Yutzy |
Citations | 406 U.S. 205 ( more ) 92 S. Ct. 1526; 32 L. Ed. 2d 15; 1972 U.S. LEXIS 144 |
Argument | Oral argument |
Case history | |
Prior | Defendants convicted, Green County, Wisconsin Circuit Court; reversed, 182 N.W.2d 539 (Wis. 1971); cert. granted, 402 U.S. 994(1971). |
Subsequent | None |
Holding | |
The Wisconsin Compulsory School Attendance Law violated the Free Exercise Clause of the First Amendment because required attendance past the eighth grade interfered with the right of Amish parents to direct the religious upbringing of their children. Supreme Court of Wisconsin affirmed. | |
Court membership | |
| |
Case opinions | |
Majority | Burger, joined by Brennan, Stewart, White, Marshall, Blackmun |
Concurrence | Stewart, joined by Brennan |
Concurrence | White, joined by Brennan, Stewart |
Dissent | Douglas |
Powell and Rehnquist took no part in the consideration or decision of the case. | |
Laws applied | |
U.S. Const. amend. I; Wis. Stat. § 118.15 (Wisconsin Compulsory School Attendance Law) |
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Wisconsin v. Jonas Yoder, 406 U.S. 205 (1972), is the case in which the United States Supreme Court found that Amish children could not be placed under compulsory education past 8th grade. The parents' fundamental right to freedom of religion was determined to outweigh the state's interest in educating their children. The case is often cited as a basis for parents' right to educate their children outside of traditional private or public schools. [1] [2]
Like Sherbert v. Verner , the Court in Yoder required the government accommodate religious exercise by applying strict scrutiny to a neutral law that burdened religious exercise. [3] Yoder differs from Sherbert v. Verner because the compulsory school attendance law was non-discriminatory and did not include a mechanism for individualized exemptions. Later, in Employment Division v. Smith Justice Antonin Scalia wrote that Yoder involved a "hybrid right" composed of parental rights and free exercise. [4] [5] [6]
The Amish, who prevailed in the case, were represented by William Ball.
Three Amish students from three different families stopped attending the New Glarus High School in the New Glarus, Wisconsin, school district at the end of the eighth grade because of their parents' religious beliefs. The three families were represented by Jonas Yoder (one of the fathers involved in the case) when the case went to trial. They were convicted in the Green County Court. Each defendant was fined the nominal sum of $5. Thereafter the Wisconsin Supreme Court found in Yoder's favor. Thereupon, Wisconsin appealed that ruling in the US Supreme Court. [7]
The Amish did not believe in going to court to settle disputes but instead follow the biblical command to "turn the other cheek." Thus, the Amish are at a disadvantage when it comes to defending themselves in courts or before legislative committees. However, a Lutheran minister, Reverend William C. Lindholm, took an interest in Amish legal difficulties from a religious freedom perspective and founded The National Committee for Amish Religious Freedom (partly as a result of this case) and then provided them with legal counsel. [8]
Under Amish church standards, "higher" education (beyond the 8th grade) was deemed not only unnecessary for their simple way of life, but also endangering to their salvation. [9] These men appealed for exemption from compulsory education on the basis of these religious convictions. They sincerely held to the belief that the values their children would learn at home would surpass the worldly knowledge taught in school. [10]
The U.S. Supreme Court ruled in favor of Yoder in its decision. Justice William O. Douglas filed a partial dissent, but voted with the court regarding Yoder's case. Justices Lewis F. Powell, Jr. and William H. Rehnquist took no part in the consideration or decision of the case.
The Wisconsin Supreme Court "sustained respondents' claim that application of the compulsory school-attendance law to them violated their rights under the Free Exercise Clause of the First Amendment, made applicable to the States by the Fourteenth Amendment." [9]
The U.S. Supreme Court held as follows: [10]
Justice Potter Stewart, joined by Justice William J. Brennan, Jr., filed a concurring opinion stating that the "interesting and important" questions raised by Justice Douglas' dissent were moot since the Amish children shared their parents' religious objections to the school attendance. [11]
Justice Byron White, joined by Justices Brennan and Stewart, filed a concurring opinion saying the case "would be a very different case" if the parents forbade their children from "attending any school at any time and from complying in any way with the educational standards set by the State"; he pointed out that the burden on the children was relatively slight since they had acquired "the basic tools of literacy to survive in modern society" and had attended eight grades of school. [12]
Justice William O. Douglas, who dissented in part, wrote:
I agree with the Court that the religious scruples of the Amish are opposed to the education of their children beyond the grade schools, yet I disagree with the Court's conclusion that the matter is within the dispensation of parents alone. The Court's analysis assumes that the only interests at stake in the case are those of the Amish parents on the one hand, and those of the State on the other. The difficulty with this approach is that, despite the Court's claim, the parents are seeking to vindicate not only their own free exercise claims, but also those of their high-school-age children ...
On this important and vital matter of education, I think the children should be entitled to be heard. While the parents, absent dissent, normally speak for the entire family, the education of the child is a matter on which the child will often have decided views. He may want to be a pianist or an astronaut or an oceanographer. To do so he will have to break from the Amish tradition.
It is the future of the student, not the future of the parents, that is imperiled by today's decision. If a parent keeps his child out of school beyond the grade school, then the child will be forever barred from entry into the new and amazing world of diversity that we have today. The child may decide that that is the preferred course, or he may rebel. It is the student's judgment, not his parents', that is essential if we are to give full meaning to what we have said about the Bill of Rights and of the right of students to be masters of their own destiny. If he is harnessed to the Amish way of life by those in authority over him and if his education is truncated, his entire life may be stunted and deformed. The child, therefore, should be given an opportunity to be heard before the State gives the exemption which we honor today.
The ruling is cited as a basis for allowing people to be educated outside traditional private or public schools, such as with homeschooling. [13]
The implications of the case for the Amish were characterized by one author as:
Since Wisconsin v. Yoder, all states must grant the Old Order Amish the right to establish their own schools (should they choose) or to withdraw from public institutions after completing eighth grade. In some communities Amish parents have continued to send their children to public elementary schools even after Wisconsin v. Yoder. In most places tensions eased considerably after the Supreme Court ruling, although certain difficulties remained for those Amish living in Nebraska. [14]
American courts certainly do not require—indeed, they do not even permit—government to be totally oblivious to religion; the United States Supreme Court has upheld government action that 'accommodates the public service to...spiritual needs', and has on occasion held such accommodation to be required by the first amendment's free exercise clause.
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: CS1 maint: DOI inactive as of September 2024 (link)The First Amendment to the United States Constitution prevents the government from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. In the original draft of the Bill of Rights, what is now the First Amendment occupied third place. The first two articles did not pass, so the article on disestablishment and free speech ended up being first.
West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), is a landmark decision by the United States Supreme Court holding that the First Amendment protects students from being compelled to salute the American flag or say the Pledge of Allegiance in public schools.
Minersville School District v. Gobitis, 310 U.S. 586 (1940), was a decision by the Supreme Court of the United States restricting the religious rights of public school students under the First Amendment to the United States Constitution. The Court ruled that public schools could compel students—in this case, Jehovah's Witnesses—to salute the American flag and recite the Pledge of Allegiance despite the students' religious objections to these practices. This decision led to increased persecution of Witnesses in the United States. The Supreme Court overruled this decision three years later in West Virginia State Board of Education v. Barnette (1943).
Abington School District v. Schempp, 374 U.S. 203 (1963), was a United States Supreme Court case in which the Court decided 8–1 in favor of the respondent, Edward Schempp, on behalf of his son Ellery Schempp, and declared that school-sponsored Bible reading and the recitation of the Lord's Prayer in public schools in the United States was unconstitutional.
This article contains references to literature on the Amish in the following field: Education, Health, Music and Tourism. There is also a list of list of literature in the article Amish.
Pierce v. Society of Sisters, 269 U.S. 510 (1925), was a landmark decision of the United States Supreme Court striking down an Oregon statute that required all children to attend public school. The decision significantly expanded coverage of the Due Process Clause in the Fourteenth Amendment to the United States Constitution to recognize personal civil liberties. The case has been cited as a precedent in more than 100 Supreme Court cases, including Roe v. Wade, and in more than 70 cases in the courts of appeals.
Everson v. Board of Education, 330 U.S. 1 (1947), was a landmark decision of the United States Supreme Court that applied the Establishment Clause of the First Amendment to state law. Before this decision, the clause, which states, "Congress shall make no law respecting an establishment of religion", imposed limits only on the federal government, while many states continued to grant certain religious denominations legislative or effective privileges.
Meyer v. Nebraska, 262 U.S. 390 (1923), was a landmark decision by the United States Supreme Court that held that the "Siman Act", a 1919 Nebraska law prohibiting minority languages as both the subject and medium of instruction in schools, violated the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The Court's ruling is one of the earliest articulations of substantive due process.
Church of the Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520 (1993), was a case in which the Supreme Court of the United States held that an ordinance passed in Hialeah, Florida, forbidding the "unnecessar[y]" killing of "an animal in a public or private ritual or ceremony not for the primary purpose of food consumption", was unconstitutional.
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The Establishment Clause and the Free Exercise Clause together read:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
The Free Exercise Clause accompanies the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
Zelman v. Simmons-Harris, 536 U.S. 639 (2002), was a 5–4 decision of the United States Supreme Court that upheld an Ohio program that used school vouchers. The Court decided that the program did not violate the Establishment Clause of the First Amendment, as long as parents using the program were allowed to choose among a range of secular and religious schools.
Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990), is a United States Supreme Court case that held that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote even though the use of the drug was part of a religious ritual. Although states have the power to accommodate otherwise illegal acts performed in pursuit of religious beliefs, they are not required to do so.
Homeschooling constitutes the education of about 3.4% of U.S. students as of 2012. The number of homeschoolers in the United States has increased significantly over the past few decades since the end of the 20th century. In the United States, the Supreme Court has ruled that parents have a fundamental right to direct the education of their children. The right to homeschool is not frequently questioned in court, but the amount of state regulation and help that can or should be expected continues to be subject to legal debate.
In the United States, freedom of religion is a constitutionally protected right provided in the religion clauses of the First Amendment. As stated in the Bill of Rights: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...". George Washington stressed freedom of religion as a fundamental American principle even before the First Amendment was ratified. In 1790, in a letter to the Touro Synagogue, he expressed the government “gives to bigotry no sanction” and “to persecution no assistance." Freedom of religion is linked to the countervailing principle of separation of church and state, a concept advocated by Colonial founders such as Dr. John Clarke, Roger Williams, William Penn, and later Founding Fathers such as James Madison and Thomas Jefferson.
Prince v. Massachusetts, 321 U.S. 158 (1944), was a case in which the Supreme Court of the United States held that the government has broad authority to regulate the actions and treatment of children. Parental authority is not absolute and can be permissibly restricted if doing so is in the interests of a child's welfare. While children share many of the rights of adults, they face different potential harms from similar activities.
Government or state interest is a concept in law that allows the state to regulate a given matter. The concept may apply differently in different countries, and the limitations of what should and should not be of government interest vary, and have varied over time.
William Bentley Ball, KSG was a prominent American constitutional lawyer, Roman Catholic layman, and former US Navy officer who gained national attention for winning the precedent-setting Wisconsin Supreme Court case Wisconsin v. Yoder in a 6-1 decision which held that requiring Amish parents to send their children to secondary school violated their constitutional right to religious free exercise. He was also the vice chairman of the National Committee for Amish Religious Freedom, the group for which he won the precedent-setting case. Ball argued 9 cases before the U.S. Supreme Court. In 1967, Ball worked on his first Supreme Court case, Loving v. Virginia, entering a brief on behalf of 25 Catholic bishops on the unconstitutionality of anti-miscegenation laws. The last case that he argued and won was Zobrest v. Catalina Foothills School District to force a school district through the Individuals with Disabilities Education Act to continue supplying a sign language translator for a student who transferred to a Catholic high school.
Espinoza v. Montana Department of Revenue, 591 U.S. ___ (2020), was a landmark United States Supreme Court case in which the Court ruled that a state-based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution.
Carson v. Makin, 596 U.S. 767 (2022), was a landmark United States Supreme Court case related to the First Amendment to the United States Constitution and the Free Exercise Clause. It was a follow-up to Espinoza v. Montana Department of Revenue.