though state law required all children to attend school until age 16, the parents of frieda yoder, barbara miller, and vernon yutzy insisted that their religion prohibited them from allowing their children to attend high school. But that is what the Supreme Court made of these cases in Wisconsin v. it is little wonder, then, that we would want to transform this sacred trust into a sacred right, a right that effectively allows parents to shield their children from choice and its attendant responsibilities. they were not technically required to fight, but unofficially the government hoped that the amish would be peer pressured into fighting anyway. but this reading of the law is sorely anachronistic, less history than advocacy on behalf of parental rights. for the amish community, their struggle has not always been as mundane as one over tax law. free encyclopedias » law library - american law and legal information » notable trials and court cases - 1963 to 1972 » wisconsin v. while a full treatment of these cases lies outside the scope of the article, this part suggests that courts should look with skepticism at any educational program—whether the program is imposed by the parent or by the state—that, by restricting the spectrum of available knowledge, fails to prepare the child for obligations beyond those of familial obedience. unless children are to live under "a perpetual childhood of prescription," they must be exposed to the dust and heat of the race—intellectually, morally, spiritually. free exercise clause of the first amendment has posed a challenge to those courts faced with conflicts between religion and the government.
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Old Order Amish Education: The Yoder Decision in the 21 Century
however, the story of the amish in america is not one of peace and stability; it is a story of struggle. there is an exception to every rule however, which is why in 1972 the case wisconsin v. after newspapers all across the country picked up the story and the nation came to support the plight of this poor amish farmer, congress was pressured to enact a legislative solution to the problem, and in 1965 when title xviii of the social security act was authorized, congress included a section allowing conscientious objectors to opt out of paying into social security so long as their beliefs are deeply held and have been in place before december 31, 1950, winning freedom for the amish and many other communities for years to come. in an extensive inquiry into amish religious beliefs and practices, the court found that in an amish community, religion, culture and daily life proved inseparable. the court extended free exercise protection to indirect, unintended restrictions on religious practice in sherbert v. the supreme court ruled unanimously in favor of yoder and the families he represented, with the majority opinion, written by justice warren burger, stating that the values instilled in children during high school are "in sharp conflict with the fundamental mode of life mandated by the amish religion," granting a religious exemption to minimum age laws when a party can demonstrate closely held religious beliefs. majority opinion emphasized the unique and pervasive nature of the amish religion in rendering its decision. you can download the paper by clicking the button above. The idiosyncratic facts of Yoder encouraged the Supreme Court to abandon well established law governing the right of religious parenting and to formulate a harm standard ill-adapted to the existential intricacies of family disputes. yoder and the relationship between individual and group rights3 pageswisconsin v.