Wisconsin v. Yoder

Last updated

Wisconsin v. Yoder
Seal of the United States Supreme Court.svg
Argued December 8, 1971
Decided May 15, 1972
Full case nameState of Wisconsin v. Jonas Yoder, Wallace Miller, and Adin Yutzy
Citations406 U.S. 205 ( more )
92 S. Ct. 1526; 32 L. Ed. 2d 15; 1972 U.S. LEXIS 144
Case history
PriorDefendants convicted, Green County, Wisconsin Circuit Court; reversed, 182 N.W.2d 539 (Wis. 1971); cert. granted, 402 U.S. 994(1971).
SubsequentNone
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
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas  · William J. Brennan Jr.
Potter Stewart  · Byron White
Thurgood Marshall  · Harry Blackmun
Lewis F. Powell Jr.  · William Rehnquist
Case opinions
MajorityBurger, joined by Brennan, Stewart, White, Marshall, Blackmun
ConcurrenceStewart, joined by Brennan
ConcurrenceWhite, joined by Brennan, Stewart
DissentDouglas
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)

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]

Contents

The Court affirmed the lower court ruling that, "The right to worship your God or to practice your religious beliefs are as important as the right to speak or print freely and may, to the individual involved, be more important." [3]

Background of the case

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 parent's 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. [4]

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. [5]

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. [6] 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. [7]

Court's decision

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." [6]

The U.S. Supreme Court held as follows: [7]

  1. States cannot force individuals to attend school when it infringes on their First Amendment rights. In this case, the state of Wisconsin interfered with the practice of a legitimate religious belief.
  2. Not all beliefs rise to the demands of the religious clause of the First Amendment. There needs to be evidence of true and objective religious practices, instead of an individual making his or her standards on such matters. The Amish way of life is one of deep religious convictions that stems from the Bible. It is determined by their religion, which involves their rejection of worldly goods and their living in the Biblical simplicity. The modern compulsory secondary education is in sharp conflict with their way of life.
  3. With respect to the State of Wisconsin's argument that additional modern education beyond 8th grade is necessary to prepare citizens to participate effectively and productively in America's political system, the Court disagreed. It argued that the State provided no evidence showing any great benefit to having two extra years in the public schools. Furthermore, the Court contended that the Amish community was a very successful social unit in American society, a self-sufficient, law-abiding member of society, which paid all of the required taxes and rejected any type of public welfare. The Amish children, upon leaving the public school system, continued their education in the form of vocational training.
  4. The Court found no evidence that by leaving the Amish community without two additional years of schooling, young Amish children would become burdens on society. To the contrary, the Court argued that they had good vocational background to rely upon. It was the State's mistaken assumption that Amish children were ignorant. Compulsory education after elementary school was a recent movement that developed in the early 20th century in order to prevent child labor and keep children of certain ages in school. The State of Wisconsin's arguments about compelling the school attendance were therefore less substantial.
  5. Responding to Justice Douglas's dissent, the Court argued that the question before it was about the interests of the parents to exercise free religion, and did not relate to the child's First Amendment's rights. As such, the argument pertaining to the child's right to exercise free religion was irrelevant in this case.

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. [8]

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. [9]

Dissenting opinion

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.

Legacy of the Court's decision

The ruling is cited as a basis for allowing people to be educated outside traditional private or public schools, such as with homeschooling. [10]

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. [11]

See also

Notes and references

  1. "State of WISCONSIN, Petitioner, v. Jonas YODER et al". LII / Legal Information Institute. Retrieved June 17, 2021.
  2. "Wisconsin v. Yoder". Oyez. Retrieved October 13, 2021.
  3. "State v. Yoder". Justia Law. Retrieved February 6, 2024.
  4. "Wisconsin v. Yoder | Definition, Background, & Facts". Encyclopedia Britannica. Retrieved June 17, 2021.
  5. "The National Committee for Amish Religious Freedom". amishreligiousfreedom.com. Retrieved December 19, 2023.
  6. 1 2 "Wisconsin v. Yoder ET AL". U.S. Supreme Court Case Syllabus. Retrieved May 28, 2011.
  7. 1 2 "Wisconsin v. Yoder ET AL". U.S. Supreme Court Case Opinion. Retrieved May 28, 2011.
  8. ARNESON, RICHARD J.; SHAPIRO, IAN (1996). "Democratic Autonomy and Religious Freedom: A Critique of Wisconsin V. Yoder". Nomos. 38: 365–411. ISSN   0078-0979. JSTOR   24219558.
  9. Ball, Howard (August 1, 2002). Case Study: Wisconsin v Yoder, 1972. New York University Press. doi:10.18574/9780814723012-051 (inactive January 31, 2024). ISBN   978-0-8147-2301-2.{{cite book}}: CS1 maint: DOI inactive as of January 2024 (link)
  10. HILL, B. JESSIE. "DISCRIMINATION, WISCONSIN V. YODER, AND THE FREEDOM OF ASSOCIATION" (PDF). Saint Louis University School of Law.
  11. Nolt, S. M. (1992). A History of the Amish . Intercourse: Good Books. p.  263. ISBN   978-1-56148-072-2.

Further reading

Related Research Articles

<span class="mw-page-title-main">First Amendment to the United States Constitution</span> 1791 amendment limiting government restriction of civil rights

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.

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.

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.

<span class="mw-page-title-main">School prayer</span> State-sponsored or mandatory prayer by public school students

School prayer, in the context of religious liberty, is state-sanctioned or mandatory prayer by students in public schools. Depending on the country and the type of school, state-sponsored prayer may be required, permitted, or prohibited. The United Kingdom also requires daily worship by law, but does not enforce it. Countries which prohibit or limit school prayer often differ in their reasons for doing so. In the United States, school prayer cannot be required of students in accordance with the Establishment Clause of the First Amendment to the United States Constitution. This is generally rigorously applied in public schools; the Establishment Clause does not prevent prayer in private schools that have no public funding. In Canada, school-sponsored prayer is disallowed under the concept of freedom of conscience as outlined in the Canadian Charter on Rights & Fundamental Freedoms. School-sponsored prayer is disallowed in France as a byproduct of its status as a secular nation.

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.

Elk Grove Unified School District v. Newdow, 542 U.S. 1 (2004), was a case decided by the U.S. Supreme Court. The lawsuit, originally filed as Newdow v. United States Congress, Elk Grove Unified School District, et al. in 2000, led to a 2002 ruling by the United States Court of Appeals for the Ninth Circuit that the words "under God" in the Pledge of Allegiance are an endorsement of religion and therefore violate the Establishment Clause of the First Amendment to the United States Constitution. The words had been added by a 1954 act of Congress that changed the phrase "one nation indivisible" into "one nation under God, indivisible". After an initial decision striking the congressionally added "under God", the superseding opinion on denial of rehearing en banc was more limited, holding that compelled recitation of the language by school teachers to students was invalid.

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 U.S. Supreme Court case that held that the "Siman Act", a 1919 Nebraska law prohibiting the use of minority languages as the medium of instruction in the schools, violated the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The Siman Act had been passed during World War I, as part of the English only movement and during a time of pervasive anti-German sentiment, atrocity propaganda, and spy scare paranoia promoted by the news media in the United States. The Supreme Court invalidated the Siman Act and stated that that the liberties granted by the Fourteenth Amendment apply just as much to minority language speakers.

In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a "compelling state interest". The government must also demonstrate that the law is "narrowly tailored" to achieve that compelling purpose, and that it uses the "least restrictive means" to achieve that purpose. Failure to meet this standard will result in striking the law as unconstitutional.

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.

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.

<span class="mw-page-title-main">Homeschooling in the United States</span> Overview of the situation of homeschooling in the United States of America

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.

<span class="mw-page-title-main">Freedom of religion in the United States</span> Overview of religious freedom in the United States

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...". 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.

<span class="mw-page-title-main">Amish</span> Group of traditionalist Christian church fellowships

The Amish, formally the Old Order Amish, are an ethnoreligious group with Swiss German and Alsatian origins. Consisting of several Anabaptist Christian church fellowships, they are closely related to Mennonites, a separate Anabaptist denomination. The Amish are known for simple living, plain dress, Christian pacifism, and slowness to adopt many conveniences of modern technology, with a view neither to interrupt family time, nor replace face-to-face conversations whenever possible, and a view to maintain self-sufficiency. The Amish value rural life, manual labor, humility and Gelassenheit. As they rarely accept converts, maintain a separate language and culture from surrounding populations, and hold their faith in common, they have been described by scholars as an ethnoreligious group, combining features of an ethnicity and a denomination.

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.

The Buchanan Amish affiliation is a subgroup of Amish that was formed in 1914 in Buchanan County, Iowa. It is among the most conservative in the entire Amish world. It is the fourth largest of all Amish affiliations, having almost as many church districts as the Holmes Old Order Amish affiliation. Geographically it is more dispersed than any other Amish affiliation.

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.