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Wisconsin v. Yoder 1972. Sara Larson. HISTORICAL BACKGROUND. The state of Wisconsin passed a law that states that all children must attend elementary school. According to this state law children must attend school until they are sixteen years of age.
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Wisconsin v. Yoder 1972 Sara Larson
HISTORICAL BACKGROUND The state of Wisconsin passed a law that states that all children must attend elementary school. According to this state law children must attend school until they are sixteen years of age.
The Amish had no problem with sending their children to school. They think that for their children to be educated is a great thing. • The problem that arose was a couple of Old Order Amish had children who were fifteen and fourteen. • The children had already graduated from a public elementary school • The Amish did not think that sending their children to a public high school a few miles away from home was a good idea. • So instead of going to school for a year these Amish teens worked in their Community. Circumstances of the Case
The state of Wisconsin took the parents of the teenagers to court. For failure to send their children to school. The parents were fined. • On the appeal the Wisconsin State Supreme Court overturned the fined. • Wisconsin school officials then took the matter to the US Supreme Court. Circumstances of the case Continued
Constitutional Issues In this case it is an issue of the 1st and 14th amendments. The first amendment guarantees you the right to freedom of religion. It is in the Amish religion to only attend a certain amount of schooling. The does the state have the right to disrupt the religious beliefs held by these people.
Arguments Wisconsin Yoder • Education is a necessary thing to be able to participate effectively in our political system. • “To accept the Amish position is to accept ignorance.” • The state has a duty to protect children from ignorance. • If any Amish child ever decided to leave their community a high school education would help them. • If the Amish were forced to send their children to high school "they would not only expose themselves to the danger of the censure of the church community, but…endanger their own salvation and that of their children.“ • This is a violation of their free exercise rights.
Decision and Rationale • The decision of the Supreme Court was that the to make the Amish children go to a public high school was a violation of their first amendment rights. Due to the fact that the Amish believe that if they sent their children to a public high school it would bring on the wrath of God and be shunned by the church.
My Opinion I believe that the Amish should not be forced to send their children to school. It is a clear violation of their first amendment rights. It is in the religion of the Amish that their children should not go to school past a certain age and help at the home and farm. The Amish were right in not sending their children to school.