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.
Questions
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?
Conclusions
-
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. Justices Lewis Powell and William Rehnquist took no part in the consideration or decision of the case.
Plenary Panel 2: Justice Alito's Jurisprudence
An Examination of the Jurisprudence of Supreme Court Associate Justice Samuel Alito
This panel will examine Justice Samuel Alito’s jurisprudence as a whole, with particular attention to...
Are Secret Gender Transition Policies Unconstitutional? Mirabelli v. Bonta and the New Frontier in Parental Rights
Parental rights advocates celebrate the recent victory in Mirabelli v. Bonta, where the Supreme Court granted...
Structure Over Spectacle: The Supreme Court's 2024 Term
Federalist Society Review, Volume 26
After several years of headline-grabbing decisions that reshaped national political debate—from abortion and affirmative action...
Litigation Update: Miller v. McDonald
All fifty states mandate certain vaccinations for schoolchildren. Forty-six of them allow religious exemptions. New...
The Amish Exception: The Story of Wisconsin v. Yoder
In 1972, a group of Amish families who challenged a compulsory education law helped set...
Courthouse Steps Decision: Mahmoud v. Taylor
Mahmoud v. Taylor concerns the question of whether parents have the right to be notified...
A Conversation on the Right: Should the Federal Government Shape School Curriculum?
With Republicans holding control in Washington, a significant debate has emerged within conservative circles regarding...
A Significant Year for Religious Liberty?
An Update on the 2024-2025 Supreme Court Term
For the first time in years, the U.S. Supreme Court is addressing questions of religious...
Courthouse Steps Oral Argument: Mahmoud v. Taylor
In Mahmoud v. Taylor, the Supreme Court will decide whether parents have the right to...
A Seat at the Sitting - April 2025
The April Docket in 90 Minutes or Less
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
Courthouse Steps Oral Argument: Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission
On March 31, 2025, the Supreme Court will hear oral arguments in Catholic Charities Bureau...
Supreme Court to Weigh Whether Religious Parents Have Right of Opt-Out from Controversial Curriculum
The Supreme Court’s term is already chock full of cases with culture war implications: pornography...
Daniel Webster Debate Series: Does the Constitution Protect Parental Rights?
The Federalist Society's Georgetown Law Chapter'sDaniel Webster Debate Series presents Daniel Webster Debate Series:Does...
Free Exercise, History and Tradition, and Preferred Pronouns: Key Takeaways from Vlaming v. West Point School Board
High school French teacher Peter Vlaming was fired from his job in West Point, Virginia,...
Explainer Episode 72 - Parental Rights & Student Privacy in Education
RTP's Fourth Branch Podcast
Legal experts Jonathan Butcher and Jon Riches discuss the debate between parental rights and children’s...
Litigation Update: Roman Catholic Diocese of Albany v. Vullo
In 2017, New York passed a law requiring employers to cover abortions in their health...
The Time Is Ripe to Disincorporate the Establishment Clause
Federalist Society Review, Volume 25
The Supreme Court’s 1947 incorporation of the Establishment Clause[1] through the Due Process Clause of...
Parental Rights and “Social Transitions” at School: Mead v. Rockford Public School District
When a child struggles with gender dysphoria, many public schools will intentionally and actively conceal...
303 Creative, Masterpiece Cakeshop, and the Fate of Free Exercise for Wedding Vendors
Over the past decade, the tension between First Amendment rights and public accommodations laws has...
Litigation Update: First Amendment Matters in the Classroom
The intersection of the First Amendment, parental rights, and educational texts has become a topic...
Litigation Update: Mahmoud v. McKnight
In Fall 2022 the Montgomery County Board of Education (MCBOE) revised its literature/ language arts...
Mahmoud v. Montgomery County Public Schools: A Religious Liberty Controversy to Watch
In Maryland’s Montgomery County Public Schools, parents are forbidden to know when their elementary-school children...
Panel II: U.S. Supreme Court Review
2023 Florida Young Lawyers Summit
Featuring: Zack Smith, Legal Fellow and Manager, Supreme Court and Appellate Advocacy Program, Meese Center, The...
Panel I: Recent Developments on Parental Rights
Anxiety regarding parental rights in American healthcare and education is at an all time high. ...
Litigation Update: Apache Stronghold v. United States Goes En Banc at the Ninth Circuit
This case presents an intersection between Native Americans’ free exercise rights and the Government’s power...
Measuring and Evaluating Public Responses to Religious Rights Rulings
Federalist Society Review, Volume 23
The story of Jack Phillips and his cake shop—Masterpiece Cakeshop—is by now familiar. Jack Phillips...
Can a New Establishment Clause Jurisprudence Succeed in Protecting Religious Minorities Where Lemon Has Failed?
Federalist Society Review, Volume 20
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
The President's Immigration Travel Ban: What Trump v. Hawaii Has to Say About Stating a Claim Under the Establishment Clause
It is little appreciated that the United States Supreme Court’s decision today in Trump v. Hawaii,...
Stormans v. Wiesman: Paths to Strict Scrutiny in Religious Free Exercise Cases
Federalist Society Review, Volume 17, Issue 2
Note from the Editor: This article is about Stormans v. Wiesman, a case from the 9th...
Sebelius v. Hobby Lobby Stores, Inc.
Engage Volume 15, Issue 1 February 2014
Note from the Editor: This article is a discussion about the Sebelius v. Hobby Lobby...