The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, December 8, 1971
Decision: Monday, May 15, 1972
Issues: First Amendment, Free Exercise of Religion
Categories: education, freedom of religion

Advocates

William B. Ball (Argued the cause for the respondents)
John W. Calhoun (Argued the cause for the petitioner)

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.

Supreme Court Justice Opinions and Votes (by Ideology)

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Decision: 7 votes for Yoder, 0 vote(s) against
Legal Provision: Free Exercise of Religion
Did not participate
Powell
Did not participate
Rehnquist
Wrote a special concurrence
Douglas
Voted with the majority, joined Stewart's concurrence, joined White's concurrence
Brennan
Voted with the majority
Marshall
Wrote a regular concurrence, joined White's concurrence
Stewart
Wrote a regular concurrence
White
Voted with the majority
Blackmun
Wrote the majority opinion
Burger
Full Opinion by Chief Justice Warren E. Burger

Cite this page

The Oyez Project, Wisconsin v. Yoder, 406 U.S. 205 (1972),
available at: <http://www.oyez.org/cases/1970-1979/1971/1971_70_110/>
(last visited ).