U5 Wisconsin v. Yoder (1972)

Question 1

What are the facts of the case?

Answer 1

Wisconsin created a law that required all children to attend public schools until age 16. Members of the Amish Church (Yoder) convicted of violating compulsory school attendance law because they refused to send children to school after 8th grade. Amish claimed compulsory law violated Free Exercise Clause. State argued compulsory education for all children through age 16 is in best interest of larger society.

Question 2

What was the Question/Issue of the case?

Answer 2

Did Wisconsin’s Compulsory School Attendance Law violate Free Excercise Clause by criminalizing Amish parents?

Question 3

What was the Decision made in the case?

Answer 3

Unanimous - Yoder (Amish)
Free excercise of religion outweighed Wiscon’s compulsory education interests (liberty over order).

Question 4

What was the significance of the case?

Answer 4

It established individuals right to excercise their religious beliefs under First Amendment takes priority over State’s interests.

Question 5

What was the Constitutional Clause involved in the case?

Answer 5

Free Excercise Clause

Question 6

Was this an example of Judicial Activism or Judicial Restraint?

Answer 6

Judicial Activism