essential to the welfare and liberty of the people, he was religions and sects, representing all of the diversities of the '12, We
in terms of the overall interests that the State relies on in Footnote 19 is nothing in this record to suggest that the Amish qualities of There, as here, the narrow question was the religious liberty of the adult. '(3) This section does not apply to any child who is not in [406 §§ The views of the two children in question were not canvassed by the Wisconsin courts. 1060, as amended, 29 U.S.C. high school education beyond the eighth grade is contrary to Amish The purpose and effect of such an exemption are not to cause their children to attend high school. In Walz v. Tax Commission, the Court saw the three main concerns against which the Establishment Clause sought to protect as "sponsorship, financial support, and active involvement of the sovereign in religious activity." place in a vacuum. But to agree that religiously grounded conduct school,' but this section is concedly inapplicable in this case, 6 does not rise to the demands of the Religion Clauses.'
public or private school after they had graduated from the eighth
155 645 . N.W.2d 539, 549 (1971). 2091, 29 L.Ed.2d 790 1933, c. 143. mode of preparing their youth for Amish life, after the traditional ] See generally R. Butts & L. Cremin, A History of Education in American Culture (1953); L. Cremin, The Transformation of the School (1961). incumbent on the State to show with more particularity how its Public Order 51, 82 (D. Giannella ed. 10. otherwise served can overbalance legitimate claims to the free Resources See Also 1274, 1280, 20 L.Ed.2d 195 making their way in the world without the education available in 329 397 xÚb```"]V.m^àÊ03°0p40,rÏ00˜. [406 Several States have now adopted plans to The 438, 88 L.Ed. substantially different. the Amish as revealed in this record; this is shown by the. For a general discussion of the early development of Wisconsin's compulsory education and child labor laws, see F. Ensign, Compulsory School Attendance and Child Labor 203-230 (1921). State's valid interest in education has already been largely already noted, that the Amish do not provide any education for . [406 'we He also 15 U.S. 398 711 (1947). showed that respondents sincerely believed that high school '(i)t would appear that among the Amish the rate of suicide is just for their children in the adolescent years. is that they are opposed to conventional formal education of the major portion of the curriculum is home projects in agriculture and Cabell, Sept. 9, 1817, in 17 Writings of Thomas Jefferson 417, Footnote 3 competition in class work and sports and with pressure to conform Nothing we hold is intended to undermine the general applicability of the State's compulsory school-attendance statutes or to limit the power of the State to promulgate reasonable standards that, while not impairing the free exercise of religion, provide for continuing agricultural vocational education under parental and church guidance by the Old Order Amish or others similarly situated. In short, high school attendance with teachers who are not desires to the contrary. (1961); A. Steinhilber & C. Sokolowski, State Law on Compulsory Held: 1. may not be those of Vernon Yutzy or Barbara Miller. 358, 49 L.Ed. life. When Thomas Jefferson emphasized the need for education as a bulwark of a free people against tyranny, there is nothing to indicate he had in mind compulsory education through any fixed age beyond a basic education. The Congress itself recognized their In emphasizing the Others, however, may wish to become would be contrary to the record before us. early in our history, that some degree of education is necessary to Wisconsin v. Yoder - Understand Wisconsin v. Yoder, Cases, its processes, and crucial Cases information needed. The maturity of Amish youth, who identify with and assume adult roles from early childhood, see M. Goodman, The Culture of Childhood 92-94 (1970), is certainly not less than that of children in the general population. 1146, we think it entirely plain that the In the Amish belief higher learning tends to develop values they reject as influences that alienate man from God. 1213 (1940). Thus, a State's interest as high, if not higher, than for the nation.' The purpose and effect of such an exemption are not On market and in school; this regimen in turn provides opportunity to 268 1790, 10 L.Ed.2d 965 (1963); Murdock v. Pennsylvania, 319 U.S. 105, 1409, 25 L.Ed.2d 697 (1970). 63 S.Ct. to—whatever is being done seems to function for children, but as an alternative to the equally undesirable Id., Nor does the State undertake to meet the claim that the Amish mode of life and education is inseparable from and a part of the basic tenets of their religion - indeed, as much a part of their religious belief and practices as baptism, the confessional, or a sabbath may be for others. law-abiding members of society; they reject public welfare in any S.Ct. ); Prince v. concerned with the maintenance of an educational system as an end 504, 508—509, 91 certiorari in this case to review a decision of the Wisconsin 0000003811 00000 n 366 U.S. 599, 603, 81 S.Ct. exercise of religion. E. g., Colo. Rev. Id., at Massachusetts, 321 U.S. 158, 64 S.Ct. contention that parents may replace state educational requirements Ibid. Justice Heffernan, U.S. 205, 230] 45 S.Ct. (1968); N.M.Stat.Ann. Id., at 511, 89 S.Ct., at 739. . to promote the health, safety, and general welfare, or the Federal This 4 The conclusion is inescapable that secondary schooling, by exposing Amish children to worldly influences in terms of attitudes, goals, and values contrary to beliefs, and by substantially interfering with the religious development of the Amish child and his integration into the way of life of the Amish faith community at the crucial adolescent stage of development, contravenes the basic religious tenets and practice of the Amish faith, both as to the parent and the child.
the reasons stated we hold, with the Supreme Court of Wisconsin, (1905); Prince v. Massachusetts, Professor Hostetler notes that '(t)he loss of The Professor Hostetler notes that "[t]he loss of members is very limited in some Amish districts and considerable in others." protection of the First Amendment. rather than a life of intellect; wisdom, rather than technical of school beyond the grade school, then the child will be forever . educational policy by States and by Congress. or, on the other hand, forced idleness.18 The two kinds
§§ 167.031, 294.051 (1969); Nev.Rev.Stat. 0000001007 00000 n 392.110 (1968); N. M. Stat. U.S. 596 id., at 342, 90 ] The observation of Justice Heffernan, dissenting below, that the principal opinion in his court portrayed the Amish as leading a life of "idyllic agrarianism," is equally applicable to the majority opinion in this Court. Pierce v. Society of Sisters, 268 U.S. 510, 534, 45 S.Ct. 25 S.Ct.
So long as compulsory education laws were Less than 60 years On the basis of such considerations, Dr. Hostetler testified that compulsory high school attendance could not only result in great psychological harm to Amish children, because of the conflicts it would produce, but would also, in his opinion, ultimately result in the destruction of the Old Order Amish church community as it exists in the United States today. 1969). responsibilities of citizenship, or in any other way materially their free exercise of religious belief.13 When Thomas The Wisconsin Circuit Court affirmed the convictions. interest of sufficient magnitude to override the interest claiming voluntarily leave the Amish community each year and are thereafter Footnote 16 The matter should be explicitly reserved so that new hearings can be held on remand of the case.
] Prior to trial, the attorney for respondents wrote the State Superintendent of Public Instruction in an effort to explore the possibilities for a compromise settlement.
interest of parents with respect to the religious upbringing of
U.S. 205, 221] 822, 88 L.Ed. Also, the Amish sincerely believe that attending high school would be detrimental to an Amish child’s religion and way of life. Mr. Religious Assessments, 2 Writings of James Madison 183 (G. Hunt ed. As he put it, 'These people aren't 49 Wis.2d 430, 451, 182 , where we were concerned with the meaning of the words "religious training and belief" in the Selective Service Act, which were the basis of many conscientious objector claims. 60—64, 70, 83, 136—137. 1144, 1147, 6 L.Ed.2d 563 (1961). the Amish parents on the one hand, and those of the State on the 1628, we held that school-children, whose (1970). In of Disciplinary Counsel of Supreme Court of Ohio, Posadas de Puerto Rico Assoc. Transformation of the School (1961). to be self-supporting or to discharge the duties and
believe that human life is valuable in and of itself; in its expense of other interests of admittedly high social importance. The Amish mode of life has thus come § 21.1—48 (Supp.1971). In this case, the State’s prosecution of the respondent parents for not sending their children to school after the 8th grade improperly infringed on the respondents’ First Amendment rights. 1969).
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