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Supreme Court Cases Period 1 Fall 2015

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By: Cody Snyder<br />

Wisconsin v. Yoder (1972)<br />

Background Information:<br />

Jonas Yoder and Wallace Miller, both members of the Old Order Amish religion, and Adin Yutzy, a member of the Conservative<br />

Amish Mennonite Church, were prosecuted under a Wisconsin law that required all children to attend public schools until age<br />

16. The three parents refused to send their children to such schools after the eighth grade, arguing that high school attendance<br />

was contrary to their religious beliefs.<br />

Constitutional Issue(s) :<br />

Did Wisconsin's requirement that all parents send their children to school at least until age 16 violate the First Amendment by<br />

criminalizing the conduct of parents who refused to send their children to school for religious reasons?<br />

<strong>Supreme</strong> <strong>Court</strong> Decision (Majority Opinion) :<br />

In a unanimous decision, the court ruled in favor if the free exercise of religion under the First Amendment. The <strong>Court</strong> found<br />

the values and programs of secondary school where in direct conflict with that of the Amish religion perspectives.<br />

Precedent:<br />

The precedent that was set was free exercise of religion under the 1 st<br />

Amendment outweighs states laws when claimed for a religious purpose.<br />

Concurring Opinion(s) :<br />

Justice Stewart - He believed that we cannot impose the criminal punishment<br />

upon the guardians for religiously based refusal to compel their children to<br />

attend public high school.<br />

Justice White - He claims that their claims would drastically be changed if the<br />

religious refusal called for no schooling at all.<br />

Dissenting Opinion:<br />

Justice Douglas - The <strong>Court</strong> assumes the only interests that matter are those of the parents. The court agrees to the claim, the<br />

parents are seeking vindicate to their free exercise claims, but also that of their children.<br />

Sources Cited (MLA)<br />

"Wisconsin v. Yoder." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Dec 8, <strong>2015</strong>.<br />

"Wisconsin v. Yoder." LII / Legal Information Institute. N.p., n.d. Web. 08 Dec. <strong>2015</strong>.<br />

Quick Links<br />

https://www.oyez.org/cases/1971/70-110<br />

https://www.law.cornell.edu/supremecourt/text/406/205#writing-USSC_CR_0406_0205_ZD<br />

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