406 U.S. 205 (1972), 70-110, Wisconsin v. Yoder

Docket NºNo. 70-110
Citation406 U.S. 205, 92 S.Ct. 1526, 32 L.Ed.2d 15
Party NameWisconsin v. Yoder
Case DateMay 15, 1972
CourtUnited States Supreme Court

Page 205

406 U.S. 205 (1972)

92 S.Ct. 1526, 32 L.Ed.2d 15

Wisconsin

v.

Yoder

No. 70-110

United States Supreme Court

May 15, 1972

Argued December 8, 1971

CERTIORARI TO THE SUPREME COURT OF WISCONSIN

Syllabus

Respondents, members of the Old Order Amish religion and the Conservative Amish Mennonite Church, were convicted of violating Wisconsin's compulsory school attendance law (which requires a child's school attendance until age 16) by declining to send their children to public or private school after they had graduated from the eighth grade. The evidence showed that the Amish provide continuing informal vocational education to their children designed to prepare them for life in the rural Amish community. The evidence also showed that respondents sincerely believed that high school attendance was contrary to the Amish religion and way of life, and that they would endanger their own salvation and that of their children by complying with the law. The State 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.

Held:

1. The State's interest in universal education is not totally free from a balancing process when it impinges on other fundamental rights, such as those specifically protected by the Free Exercise Clause of the First Amendment and the traditional interest of parents with respect to the religious upbringing of their children. Pp. 213-215.

2. Respondents have amply supported their claim that enforcement of the compulsory formal education requirement after the eighth grade would gravely endanger if not destroy the free exercise of their religious beliefs. Pp. 215-219

3. Aided by a history of three centuries as an identifiable religious sect and a long history as a successful and self-sufficient segment of American society, the Amish have demonstrated the sincerity of their religious beliefs, the interrelationship of belief with their mode of life, the vital role that belief and daily conduct play in the continuing survival of Old Order Amish communities, and the hazards presented by the State's enforcement of a statute generally valid as to others. Beyond this, they have

Page 206

carried the difficult burden of demonstrating the adequacy of their alternative mode of continuing informal vocational education in terms of the overall interest that the State relies on in support of its program of compulsory high school education. In light of this showing, and weighing the minimal difference between what the State would require and what the Amish already accept, it was incumbent on the State to show with more particularity how its admittedly strong interest in compulsory education would be adversely affected by granting an exemption to the Amish. Pp. 212-29, 234-236.

[92 S.Ct. 1529] 4. The State's claim that it is empowered, as parens patriae, to extend the benefit of secondary education to children regardless of the wishes of their parents cannot be sustained against a free exercise claim of the nature revealed by this record, for the Amish have introduced convincing evidence that accommodating their religious objections by forgoing one or two additional years of compulsory education will not impair the physical or mental health of the child, or result in an inability to be self-supporting or to discharge the duties and responsibilities of citizenship, or in any other way materially detract from the welfare of society. Pp. 229-234.

49 Wis.2d 430, 182 N.W.2d 539, affirmed.

BURGER, C.J., delivered the opinion of the Court, in which BRENNAN, STEWART, WHITE, MARSHALL, and BLACKMUN, JJ., joined. STEWART, J., filed a concurring opinion, in which BRENNAN, J., joined, post, p. 237. WHITE, J., filed a concurring opinion, in which BRENNAN and STEWART, JJ., joined, post, p. 237. DOUGLAS, J., filed an opinion dissenting in part, post, p. 241. POWELL and REHNQUIST, JJ., took no part in the consideration or decision of the case.

Page 207

BURGER, J., lead opinion

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

On petition of the State of Wisconsin, we granted the writ of certiorari in this case to review a decision of the Wisconsin Supreme Court holding that respondents' convictions of violating the State's compulsory school attendance law were invalid under the Free Exercise Clause of the First Amendment to the United States Constitution, made applicable to the States by the Fourteenth Amendment. For the reasons hereafter stated, we affirm the judgment of the Supreme Court of Wisconsin.

Respondents Jonas Yoder and Wallace Miller are members of the Old Order Amish religion, and respondent Adin Yutzy is a member of the Conservative Amish Mennonite Church. They and their families are residents of Green County, Wisconsin. Wisconsin's compulsory school attendance law required them to cause their children to attend public or private school until reaching age 16, but the respondents declined to send their children, ages 14 and 15, to public school after they completed the eighth grade.1 The children were not enrolled in any private school, or within any recognized exception to the compulsory attendance law,2 and they are conceded to be subject to the Wisconsin statute.

Page 208

On complaint of the school district administrator for the public schools, respondents were charged, tried, and convicted of violating the compulsory attendance law in Green County Court, and [92 S.Ct. 1530] were fined the sum of $5 each.3 Respondents defended on the ground that the application

Page 209

of the compulsory attendance law violated their rights under the First and Fourteenth Amendments.4 The trial testimony showed that respondents believed, in accordance with the tenets of Old Order Amish communities generally, that their children's attendance at high school, public or private, was contrary to the Amish religion and way of life. They believed that, by sending their children to high school, they would not only expose themselves to the danger of the censure of the church community, but, as found by the county court, also endanger their own salvation and that of their children. The State stipulated that respondents' religious beliefs were sincere.

In support of their position, respondents presented as expert witnesses scholars on religion and education whose testimony is uncontradicted. They expressed their opinions on the relationship of the Amish belief concerning school attendance to the more general tenets of their religion, and described the impact that compulsory high school attendance could have on the continued survival of Amish communities as they exist in the United States today. The history of the Amish

Page 210

sect was given in some detail, beginning with the Swiss Anabaptists of the 16th century, who rejected institutionalized churches and sought to return to the early, simple, Christian life deemphasizing material success, rejecting the competitive spirit, and seeking to insulate themselves from the modern world. As a result of their common heritage, Old Order Amish communities today are characterized by a fundamental belief that salvation requires life in a church community separate and apart from the world and worldly influence. This concept of life aloof from the world and its values is central to their faith.

A related feature of Old Order Amish communities is their devotion to a life in harmony with nature and the soil, as exemplified by the simple life of the early Christian era that continued in America during much of our early national life. Amish beliefs require members of the community to make their living by farming or closely related activities. Broadly speaking, the Old Order Amish religion pervades and determines the entire mode of life of its adherents. Their conduct is regulated in great detail by the Ordnung, or rules, of the church community. Adult baptism, which occurs in late adolescence, is the time at which Amish young people voluntarily undertake heavy obligations, not unlike the Bar Mitzvah of [92 S.Ct. 1531] the Jews, to abide by the rules of the church community.5

Amish objection to formal education beyond the eighth grade is firmly grounded in these central religious concepts. They object to the high school, and higher education generally, because the values they teach

Page 211

are in marked variance with Amish values and the Amish way of life; they view secondary school education as an impermissible exposure of their children to a "worldly" influence in conflict with their beliefs. The high school tends to emphasize intellectual and scientific accomplishments, self-distinction, competitiveness, worldly success, and social life with other students. Amish society emphasizes informal "learning through doing;" a life of "goodness," rather than a life of intellect; wisdom, rather than technical knowledge; community welfare, rather than competition; and separation from, rather than integration with, contemporary worldly society.

Formal high school education beyond the eighth grade is contrary to Amish beliefs not only because it places Amish children in an environment hostile to Amish beliefs, with increasing emphasis on competition in class work and sports and with pressure to conform to the styles, manners, and ways of the peer group, but also because it takes them away from their community, physically and emotionally, during the crucial and formative adolescent period of life. During this period, the children must acquire Amish attitudes favoring manual work and self-reliance and the specific skills needed to perform the adult role of an Amish farmer or housewife. They must learn to enjoy physical labor. Once a child has learned basic reading, writing, and elementary mathematics, these traits, skills, and attitudes admittedly...

To continue reading

FREE SIGN UP
2864 practice notes
  • Equal Participation of Faith-Based Organizations in the Federal Agencies' Programs and Activities
    • United States
    • Agency For International Development,Education Department,Justice Department,Labor Department
    • Invalid date
    ...[Act] are--(1) to restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases where free exercise of religion is substantially burdened; and (2) to provide a claim or d......
  • Federal Law Protections for Religious Liberty
    • United States
    • Federal Register October 26, 2017
    • October 26, 2017
    ...See Smith, 494 U.S. at 877; see also Thomas, 450 U.S. at 716; Paty, 435 U.S. at 627; Sherbert, 374 U.S. at 403-04; Wisconsin v. Yoder, 406 U.S. 205, 219-20 (1972). Moreover, no other interpretation would actually guarantee the freedom of belief that Americans have so long regarded as centra......
  • 381 F.Supp. 327 (D.Md. 1974), Civ. Y-74-748, Kirkley v. State of Maryland, by Mandel
    • United States
    • Federal Cases United States District Courts 4th Circuit District of Maryland
    • August 26, 1974
    ...a state interest of sufficient magnitude to override the interest claiming protection under the Free Exercise Clause.' Wisconsin v. Yoder, 406 U.S. 205, 214, 92 S.Ct. 1526, 1532, 32 L.Ed.2d 15 (1972); Sherbert v. Verner, supra, 374 U.S. at 403, 83 S.Ct. The restriction upon the free exercis......
  • 644 F.2d 759 (9th Cir. 1981), 79-3297, Collins v. Chandler Unified School Dist.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Ninth Circuit
    • May 4, 1981
    ...violated by denial of benefits to Seventh Day Adventists whose religion required observance of their sabbath), and Wisconsin v. Yoder, 406 U.S. 205, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972) (insufficient state interest in compelling Amish children to attend school against religious tenets), deni......
  • Free signup to view additional results
2484 cases
  • 10 F.Supp.3d 725 (E.D.Tex. 2014), C. A. 1:13-cv-709, Catholic Diocese of Beaumont & Catholic Charities of Southeast Texas, Inc. v. Sebelius
    • United States
    • Federal Cases United States District Courts 5th Circuit Eastern District of Texas
    • January 2, 2014
    ...Free Exercise of Religion Prior to 1990, First Amendment jurisprudence relied on a compelling-interest test. See Wisconsin v. Yoder, 406 U.S. 205, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972); Sherbert v. Verner, 374 U.S. 398, 83 S.Ct. 1790, 10 L.Ed.2d 965 (1963). In 1990, the Supreme Court held tha......
  • 351 F.Supp.2d 858 (E.D.Wis. 2004), 02-C-0817, Stately v. Indian Community School of Milwaukee, Inc.
    • United States
    • Federal Cases United States District Courts 7th Circuit Eastern District of Wisconsin
    • December 30, 2004
    ...176, 85 S.Ct. 850, 13 L.Ed.2d 733 (1965); Ballard, 322 U.S. at 86-88, 64 S.Ct. 882; Africa, 662 F.2d at 1031. But see Wisconsin v. Yoder, 406 U.S. 205, 215-16, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972)(noting that the "concept of ordered liberty precludes allowing every person to make his ow......
  • 441 F.Supp. 1247 (W.D.Mich. 1977), Civ. A. G75-142, Doe v. Irwin
    • United States
    • Federal Cases United States District Courts 6th Circuit Western District of Michigan
    • November 23, 1977
    ...from the state's contact with their children in this important area, are denied that same right. In cases such as Yoder v. Wisconsin, 406 U.S. 205, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972), and Pierce v. Society of Sisters, 268 U.S. 510, 45 S.Ct. 571, 69 L.Ed. 1070 (1925), the Supreme Court agre......
  • 467 B.R. 451 (Bkrtcy.E.D.Wis. 2012), 11-24099, In re Meyer
    • United States
    • Federal Cases United States Bankruptcy Courts Seventh Circuit
    • March 22, 2012
    ...children in combination with the right to free exercise of religion involve actions against public schools. See, e.g., Wisconsin v. Yoder, 406 U.S. 205, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972) (holding state compulsory education statute unconstitutional to extent it compelled Amish parents to s......
  • Free signup to view additional results
7 firm's commentaries
353 books & journal articles
  • The fate of childhood: legal models of children and the parent-child relationship.
    • United States
    • Albany Law Review Vol. 61 Nbr. 2, December 1997
    • December 22, 1997
    ...individuals and other cases where children are deemed incapable of making their own decisions). (150) See, e.g., Wisconsin v. Yoder, 406 U.S. 205, 234-36 (1972) (declaring state law mandating high school attendance unconstitutional as applied to Amish parents, thereby recognizing Amish pare......
  • Judicial review of local land use decisions: lessons from RLUIPA.
    • United States
    • Harvard Journal of Law & Public Policy Vol. 31 Nbr. 2, March 2008
    • March 22, 2008
    ...latest salvo in its war with the Court over free exercise."). (90.) 494 U.S. 872 (1990). (91.) See, e.g., Wisconsin v. Yoder, 406 U.S. 205, 234-36 (1972) (applying strict scrutiny and holding that the Free Exercise Clause provided the Amish with an exemption from compulsory school atte......
  • THE RIGHT FAMILY.
    • United States
    • Columbia Journal of Gender and Law Vol. 39 Nbr. 1, January 2020
    • January 1, 2020
    ...in a dramatically different understanding of the relationship between family law and the constitution"). (25) See Wisconsin v. Yoder, 406 U.S. 205 (1972); Prince v. Massachusetts, 321 U.S. 158 (1944); Pierce v. Soc'y of Sisters, 268 U.S. 510 (1925); Meyer v. Nebraska, 262 U.S. 390 (192......
  • Teaching about religion in the public schools.
    • United States
    • Ave Maria Law Review Vol. 11 Nbr. 1, September 2012
    • September 22, 2012
    ...such as ... the right of parents ... to direct the education of their children. Id. (citations omitted). See also Wisconsin v. Yoder, 406 U.S. 205 (1972) (applying heightened scrutiny to invalidate compulsory attendance laws that required Amish parents, over their religious objections, to s......
  • Free signup to view additional results
3 provisions
  • Equal Participation of Faith-Based Organizations in the Federal Agencies' Programs and Activities
    • United States
    • Agency For International Development,Education Department,Justice Department,Labor Department
    • Invalid date
    ...[Act] are--(1) to restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases where free exercise of religion is substantially burdened; and (2) to provide a claim or d......
  • Federal Law Protections for Religious Liberty
    • United States
    • Federal Register October 26, 2017
    • October 26, 2017
    ...See Smith, 494 U.S. at 877; see also Thomas, 450 U.S. at 716; Paty, 435 U.S. at 627; Sherbert, 374 U.S. at 403-04; Wisconsin v. Yoder, 406 U.S. 205, 219-20 (1972). Moreover, no other interpretation would actually guarantee the freedom of belief that Americans have so long regarded as centra......
  • Headstone and Marker Application Process
    • United States
    • Federal Register June 01, 2009
    • July 1, 2009
    ...whether a belief or practice has a religious character for First Amendment purposes. See Seeger, 380 U.S. at 163; Wisconsin v. Yoder, 406 U.S. 205 (1972); Kalka v. Hawk, 215 F.3d 90, (D.C. Cir. 2000); Alvarado v. City of San Jose, 94 F.3d 1223 (9th Cir. 1996); Dettmer v. Landon, 799 F.2d 92......