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- Freedom of Religion and the Establishment Clause
Wisconsin v. Yoder 1972
Author | Daniel Brannen, Richard Hanes, Elizabeth Shaw |
Pages | 134-138 |
Page 134
Petitioner: State of Wisconsin
Respondents: Jonas Yoder, Wallace Miller, Adin Yutzy
Petitioner's Claim: That requiring Amish parents to send their children to public school until sixteen years old did not violate the First Amendment freedom of religion.
Chief Lawyer for Petitioner: John W. Calhoun
Chief Lawyer for Respondents: William B. Ball
Justices for the Court: Harry A. Blackmun, William J. Brennan, Jr., Warren E. Burger (writing for the Court), Thurgood Marshall, Potter Stewart, Byron R. White
Justices Dissenting: William O. Douglas (Lewis F. Powell Jr. and William H. Rehnquist did not participate)
Date of Decision: May 15, 1972
Decision: The Amish parents did not have to obey the Wisconsin law because it interfered with their religion.
Significance: The decision provided a test for balancing the state interest in education against the individual freedom of religion.
The Amish are Christians who first came to America in the mid-1700s. Their religion is based on an agricultural way of life. This means they worship God by farming in small communities of Amish people. On their farms and in their homes and daily lives, most Amish people refuse to
Page 135
use tractors, cars, electricity, and appliances, such as washing machines. Instead they use horses to plow their fields and gas lanterns to light their homes. To wash their clothes they use their hands. The Amish reject modern technology and conveniences in favor of living in harmony with nature and the land. This is an important part of their religion.
The Amish came to America seeking freedom of religion. Freedom of religion is the right to follow the religion of one's choice. The First Amendment of the U.S. Constitution protects this right. It says, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The second part of this amendment, called the Free Exercise Clause, prevents the government from interfering with a person's right to choose his religious beliefs. Although the First Amendment only refers to the federal government, state governments must obey it under the Due Process Clause of the Fourteenth Amendment. The Due Process Clause prevents states and local governments from violating certain rights related to life, freedom, and property.
Most Amish children only go to school through the...
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- Freedom of Religion and the Establishment Clause
- Freedom of Religion and the Establishment Clause
- Reynolds v. United States 1879
- Cantwell v. Connecticut 1940
- Minersville School District v. Gobitis 1940
- Everson v. Board of Education 1947
- Engel v. Vitale 1962
- Epperson v. Arkansas 1968
- Lemon v. Kurtzman 1971
- Wisconsin v. Yoder 1972
- County of Allegheny v. American Civil Liberties Union 1989
- Lee v. Weisman 1992
- Church of Lukumi Babalu Aye, Inc. v. City of Hialeah 1993
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