Wisconsin v. Yoder

Media Items
Wisconsin v. Yoder - Oral Argument
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Advocates
John W. Calhoun (Argued the cause for the petitioner)
William B. Ball (Argued the cause for the respondents)
Case Basics
Docket No.: 
70-110
Petitioner: 
Wisconsin
Respondent: 
Yoder
Decided By: 
Burger Court (1972-1975)
Opinion: 
406 U.S. 205 (1972)
Categories: 
freedom of religion, education
Location No location information present.

Cite this page
The Oyez Project, Wisconsin v. Yoder , 406 U.S. 205 (1972)
available at: (http://oyez.org/cases/1970-1979/1971/1971_70_110)
Facts of the Case: 

Jonas Yoder and Wallace Miller, both members of the Old Order Amish religion, and Adin Yutzy, a member of the Conservative Amish Mennonite Church, were prosecuted under a Wisconsin law that required all children to attend public schools until age 16. The three parents refused to send their children to such schools after the eighth grade, arguing that high school attendance was contrary to their religious beliefs.

Question: 

Did Wisconsin's requirement that all parents send their children to school at least until age 16 violate the First Amendment by criminalizing the conduct of parents who refused to send their children to school for religious reasons?

Conclusion: 

In a unamimous decision, the Court held that individual's interests in the free exercise of religion under the First Amendment outweighed the State's interests in compelling school attendance beyond the eighth grade. In the majority opinion by Chief Justice Warren E. Burger, the Court found that the values and programs of secondary school were "in sharp conflict with the fundamental mode of life mandated by the Amish religion," and that an additional one or two years of high school would not produce the benefits of public education cited by Wisconsin to justify the law.Justice William O. Douglas filed a partial dissent but joined with the majority regarding Yoder.

Decisions

Decision: 7 votes for Yoder, 0 vote(s) against
Legal provision: Free Exercise of Religion

Sort by Ideology

Wrote the majority opinion
Burger
Wrote a special concurrence
Douglas
Voted with the majority, joined Stewart's concurrence, joined White's concurrence
Brennan
Wrote a regular concurrence, joined White's concurrence
Stewart
Wrote a regular concurrence
White
Voted with the majority
Marshall
Voted with the majority
Blackmun
Did not participate
Powell
Did not participate
Rehnquist

Full Opinion by Justice Warren E. Burger

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