Since the Court views children as persons, they have liberties established under the Bill of Rights. The question before the Court then is whether the state may destroy because that is what it will come to if these children are forced into high school, a peaceable, self sustaining community, 250 years on this soil on the ground, if parents in that community cannot send their children on account of a clear mandate of their religion to one or two years of high school. If I say, I will not send my child to the public school and one of them brought it to court? Dr. John Hostetler, one of the experts on Amish society, testified that the modern high school is not equipped, in curriculum or social environment, to impart the values promoted by Amish society.
§ 118.15 (1969) provides in pertinent part: '(1)(a) Unless the child has a legal excuse or has graduated from high school, any person having under his control a child who is between the ages of 7 and 16 years shall cause such child to attend school regularly during the full period and hours, religious holidays excepted, that the public or private school in which such child should be enrolled is in session until the end of the school term, quarter or semester of the school year in which he becomes 16 years of age. Even today, an eighth grade education fully satisfies the educational requirements of at least six States. The difficulty with this approach is that, despite the Court's claim, the parents are seeking to vindicate not only their own free exercise claims, but also those of their high-school-age children. Sherbert v. Verner, supra. we are dealing with a compulsion of students to declare a belief.' See n. 3, supra. The only relevant testimony in the record is to the effect that the wishes of the one child who testified corresponded with those of her parents. 711 (1947); Madison, Memorial and Remonstrance Against Religious Assessments, 2 Writings of James Madison 183 (G. Hunt ed.
See, e.g., Sherbert v. Verner, supra; Martin v. City of Struthers, 319 U.S. 141 (1943); Schneider v. State, 308 U.S. 147 (1939).
It came to them through the National Committee for Amish Religious Freedom, but they do not.
The views of the two children in question were not canvassed by the Wisconsin courts. Yes, there is an affirmative acceptance of education on that point. If the decision of this Court is against the Amish, I fear that many people will feel that this Court has indicted our nation as two (Inaudible) to allow difference, innocent difference to exist and to flourish in its midst.
U.S. Const. They are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State.' 268 U.S. at 535. 686, 691, 98 L.Ed. Yes, we think there is a compelling interest in education. Hostetler, supra, n. 5, c. 9; Hostetler & Huntington, supra, n. 5. a parent . The remaining question then becomes one of a compelling state interest which means what is the danger to the state and certainly it is not in the general enforcement or maintenance of an educational system. 212-29, 234-236.
(Prior to 1933, provision was made for attendance at continuation or vocational schools by working children past the eighth grade, but only if one was maintained by the community in question.) And we have in the past analyzed similar conflicts between parent and State with little regard for the views of the child. These qualifications suggested to the Court that the respondents had adequate alternative education, which will not harm the health, opportunities, or citizenship of the child.
United States v. Seeger, 380 U.S. at 192-193 (concurring opinion). These are not traits peculiar to the Amish, of course. 1313 (1943); Schneider v. State, 308 U.S. 147, 60 S.Ct. The impact of the compulsory-attendance law on respondents' practice of the Amish religion is not only severe, but inescapable, for the Wisconsin law affirmatively compels them, under threat of criminal sanction, to perform acts undeniably at odds with fundamental tenets of their religious beliefs. We are learning that current education is detached from the real world and that in the things they talk about, pupils do not become involved or have real responsibility. See, e.g., J. Piaget, The Moral Judgment of the Child (1948); D. Elkind, Children and Adolescents 750 (1970); Kohlberg, Moral Education in the Schools: A Developmental View, in R. Muuss, Adolescent Behavior and Society 193, 199-200 (1971); W. Kay, Moral Development 172-183 (1968); A. Gesell & F. Ilg, Youth: The Years From Ten to Sixteen 175-182 (1956). They would far rather suffer personally, prosecution then make a test case going to Court and so on. 1428, 1436, 18 L.Ed.2d 527, we held that 'neither the Fourteenth Amendment nor the Bill of Rights is for adults alone.' Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. Ibid.See also Iowa Code § 299.24 (1971); Kan.Stat.Ann. 5. [n4]. Wisconsin v. Jonas Yoder, 406 U.S. 205 (1972), is the case in which the United States Supreme Court found that Amish children could not be placed under compulsory education past 8th grade.
Dr. Donald Erickson, for example, testified that their system of "learning by doing" was an "ideal system" of education in terms of preparing Amish children for life as adults in the Amish community, and that "I would be inclined to say they do a better job in this than most of the rest of us do." The testimony of Dr. Donald A. Erickson, an expert witness on education, also showed that the Amish succeed in preparing their high school age children to be productive members of the Amish community.
But modern compulsory secondary education in rural areas is now largely carried on in a consolidated school, often remote from the student's home and alien to his daily home life. Dr. John Hostetler, one of the experts on Amish society, testified that the modern high school is not equipped, in curriculum or social environment, to impart the values promoted by Amish society. It is, of course, true that if a group or society was organized to perpetuate crime and if that is its motive, we would have rather startling problems akin to those that were raised when some years back a particular sect was challenged here as operating on a fraudulent basis. [n16] In the context of this case, such considerations, [p228] if anything, support rather than detract from, respondents' position.
In itself, this is strong evidence that they are capable of fulfilling the social and political responsibilities of citizenship without compelled attendance beyond the eighth grade at the price of jeopardizing their free exercise of religious belief. '(3) This section does not apply to any child who is not in proper physical or mental condition to attend school, to any child exempted for good cause by the school board of the district in which the child resides or to any child who has completed the full 4-year high school course.
Their rejection of telephones, automobiles, radios, and television, their mode of dress, of speech, their habits of manual work do indeed set them apart from much of contemporary society; these customs are both symbolic and practical. 244 (1879). Indeed, the failure to call the affected child in a custody hearing is often reversible error. But no such factors are present here, and the Amish, whether with a high or low criminal [p247] record, [n5] certainly qualify by all historic standards as a religion within the meaning of the First Amendment. 397 U.S. 664, 668 (1970). We accept these propositions.
The Court's analysis assumes that the only interests at stake in the case are those of the Amish parents, on the one hand, and those of the State, on the other. I think that we brought out in our brief and in Dr. Hostetler as many of his works on this subject is shown that while there is some attrition, the community has continued in pretty much the same size over the years.
This command is fundamental to the Amish faith. Such an accommodation.
Wisconsin v. Jonas Yoder, 406 U.S. 205 (1972), is the case in which the United States Supreme Court found that Amish children could not be placed under compulsory education past 8th grade.The parents' fundamental right to freedom of religion was determined to outweigh the state's interest in educating their children.
The Congress itself recognized their self-sufficiency by authorizing exemption of such groups as the Amish from the obligation to pay social security taxes.11, It is neither fair nor correct to suggests that the Amish are opposed to education beyond the eighth grade level. § 21.1—48 (Supp.1971). The ruling is cited as a basis for allowing people to be educated outside traditional private or public schools, such as with homeschooling. See Braunfeld v. Brown, 366 U.S. 599, 605, 81 S.Ct. Mr. Calhoun, was there any element of retaliation in this case?
1, at 185-187 (statement of Frances Perkins, Secretary of Labor), pt.
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