and those presented in Pierce v. Society of Sisters, 77-10-6 (1968). , where we were concerned with the meaning of the words "religious training and belief" in the Selective Service Act, which were the basis of many conscientious objector claims.

98 U.S., at 612 The state claimed that there were important educational values imparted by the additional years of schooling from the eighth grade until age 16, which all children needed.


Pennsylvania The Free Exercise Clause of the First Amendment has posed a challenge to those courts faced with conflicts between religion and the government. [ Kurtzman, credit-by-exam regardless of age or education level. In November of 1968, when they refused to send their children beyond the eighth grade, a summon and criminal complaint was filed in the County Court of Green County. That the Free Exercise Clause of the First Amendment exempted the Amish parents on religious grounds from obeying the state law. W. Kay, Moral Development 172-183 (1968); A. Gesell & F. Ilg, Youth: The Years From Ten to Sixteen 175-182 (1956). That three Amish parents violated state educational requirements by refusing to send their children to public school past the eighth grade. Tenth Circuit Footnote 12 Nor is the impact of the compulsory-attendance law confined to grave interference with important Amish religious tenets from a subjective point of view.

  The child, therefore, should be given an opportunity to be heard before the State gives the exemption which we honor today.

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court. The child may decide that that is the preferred course, or he may rebel. These children are "persons" within the meaning of the Bill of Rights. For guidance on citing Wisconsin v. Yoder (giving attribution as required by the CC BY licence), please see below our recommendation of "Cite this Entry". 403

Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. from a general obligation of citizenship on religious grounds may run afoul of the Establishment Clause, but that danger cannot be allowed to prevent any exception no matter how vital it may be to the protection of values promoted by the right of free exercise. 9-11. denied, by Boardman Noland and Lee Boothby for the General Conference of Seventh-Day Adventists; by William S. Ellis for the National Council of the Churches of Christ; by Nathan Lewin for the National Jewish Commission on Law and Public Affairs; and by Leo Pfeffer for the Synagogue Council of America et al. The evidence showed that the Amish provide continuing informal vocational education to their children designed to prepare them for life in the rural Amish community. Adult baptism, which occurs in late adolescence, is the time at which Amish young people voluntarily undertake heavy obligations, not unlike the Bar Mitzvah of the Jews, to abide by the rules of the church community.

  U.S. 205, 208].

; Meyer v. Nebraska,
Ann.

[ U.S., at 169

and successful social functioning of the Amish community for a period approaching almost three centuries and more than 200 years in this country are strong evidence that there is at best a speculative gain, in terms of meeting the duties of citizenship, from an additional one or two years of compulsory formal education. 1 But there is nothing in this record to indicate that the moral and intellectual judgment demanded of the student by the question in this case is beyond his capacity. denied, Cases such as this one inevitably call for a delicate balancing of important but conflicting interests. [406 The Amish demonstrated that forgoing one or two additional years of compulsory education would not impair the physical or mental health of their children or their ability to become self-supporting and productive citizens.

Nor can this case be disposed of on the grounds that Wisconsin's requirement for school attendance to age 16 applies uniformly to all citizens of the State and does not, on its face, discriminate against religions or a particular religion, or that it is motivated by legitimate secular concerns. Massachusetts ] Thus, in Prince v. Massachusetts, 118.15 (1969) provides in pertinent part: "118.15 Compulsory school attendance "(1) (a) Unless the child has a legal excuse or has graduated from These are not schools in the traditional sense of the word. They view such a basic education as acceptable because it does not significantly expose their children to worldly values or interfere with their development in the Amish community during the crucial adolescent period. Together, Sherbert and Yoder seemed thoroughly to renounce the belief-action doctrine of previous rulings. Cf. There is no doubt as to the power of a State, having a high responsibility for education of its citizens, to impose reasonable regulations for the control and duration of basic education.

It carries with it precisely the kind of objective danger to the free exercise of religion that the First Amendment was designed to prevent. U.S. 205, 246]

In light of this convincing The children are not parties to this litigation. Decided May 15, 1972.   U.S. 503 U.S. 205, 220] U.S. 205, 244]. There the Court held that Oregon's statute compelling attendance in a public school from age eight to age 16 unreasonably interfered with the interest of parents in directing the rearing of their offspring, including their education in church-operated schools. rights of the child that were threatened in the very litigation before the Court and that the child had no effective way of asserting herself." 1972) and c. 149, 86 (1971); Mo. Indiana The Court repeatedly emphasized the historical uniqueness and self-sufficiency of the Amish community. [406 In this case the Supreme Court decided that the application of Wisconsin's compulsory high school attendance law to children of members of the Conservative Amish Mennonite Church violated the parents’ rights under the Free Exercise Clause of the First Amendment. See also Everson v. Board of Education, ] Some States have developed working arrangements with the Amish regarding high school attendance.


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