Wisconsin v. Yoder

Wisconsin v. Yoder
Argued December 8, 1971
Decided May 15, 1972
Full case nameState of Wisconsin v. Jonas Yoder, Wallace Miller, and Adin Yutzy
Citations406 U.S. 205 (more)
92 S. Ct. 1526; 32 L. Ed. 2d 15; 1972 U.S. LEXIS 144
ArgumentOral argument
Case history
PriorDefendants convicted, Green County, Wisconsin Circuit Court; reversed, 182 N.W.2d 539 (Wis. 1971); cert. granted, 402 U.S. 994 (1971).
SubsequentNone
Holding
The Wisconsin Compulsory School Attendance Law violated the Free Exercise Clause of the First Amendment because required attendance past the eighth grade interfered with the right of Amish parents to direct the religious upbringing of their children. Supreme Court of Wisconsin affirmed.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
Case opinions
MajorityBurger, joined by Brennan, Stewart, White, Marshall, Blackmun
ConcurrenceStewart, joined by Brennan
ConcurrenceWhite, joined by Brennan, Stewart
DissentDouglas
Powell and Rehnquist took no part in the consideration or decision of the case.
Laws applied
U.S. Const. amend. I; Wis. Stat. § 118.15 (Wisconsin Compulsory School Attendance Law)

Wisconsin v. Jonas Yoder, 406 U.S. 205 (1972), was a United States Supreme Court case in which the Court held that Amish children could not be placed under compulsory education past 8th grade. The Court ruled that the Amish parents' fundamental right to free exercise of religion outweighed the state's interest in educating their children. The case is often cited as a basis for parents' right to educate their children outside of traditional private or public schools.

Like Sherbert v. Verner, the Court in Yoder required the government accommodate religious exercise by applying strict scrutiny to a neutral law that burdened religious exercise. Yoder differs from Sherbert v. Verner because the compulsory school attendance law was non-discriminatory and did not include a mechanism for individualized exemptions. Later, in Employment Division v. Smith Justice Antonin Scalia wrote that Yoder involved a "hybrid right" composed of parental rights and free exercise.

The Amish, who prevailed in the case, were represented by William Ball.