Wisconsin vs. Yoder?

Question

Why was Yoder legally right in this case?

Answer 1

Freedom of religion. The Amish felt that requiring their children to attend school until 16 would be so disruptive of their way of life (and that their religion was their way of life) that the state requirement of mandatory schooling should not apply to them beyond the age of 14. I think the Supreme Court was very charmed by the Amish and wanted them to be able to continue their lifestyle and knew that if their children were required to attend school beyond that point, it would mean that Amish could no longer maintain the separation from the world that their religion required.

Do not rely on Wisconsin v. Yoder for precedent though. Other groups have tried and were rejected. It is an exception that essentially only applies to the Amish. Otherwise, the state has a sufficient interest in the welfare of children that it can force parents to school their children.

Anyway, now there is homeschooling. At the time of Wisconsin v. Yoder, homeschooling wasn't really legal, or else the Amish might have used that route. The Amish do have their own schools for grades 1-8. Most don't go beyond this because it is considered too worldly and they start working at that point.

During the 60s, there were several incidents where school authorities tried to round up Amish children and force them to go to school and where Amish parents were imprisoned for school attendance laws. It was very negative publicity for the states and school boards and so many areas reached some sort of accomodation with the Amish to respect their beliefs.

I hope this is helpful.

Answer 2

Wisconsin V Yoder

Answer 3

Legally, the Supreme Court found that the Yoders, who were Amish, were not obliged to send their children to school past the 8th grade because they were protected by the First Amendment's right to freely exercise their religion. Moreover, the Supreme Court specifically found that the Amish provided informal education to children in their community.

Answer 4

Flip the question around -- does the govt have a sufficiently compelling need to send each and every child to public school -- regardless of what the parents want and regardless of any 1st Amendment issues.

In that case -- and in every similar case that has found home-schooling and apprenticeship programs valid -- the courts have determined that the govt does not have that authority -- because it doesn't have a compelling need to force children to attend school against their beliefs and the wishes of the parents.

So, as long as the children are not being harmed by being taken out of school -- it's up to the parents.

Answer 5

Wisconsin V Yoder Summary