Faith above the State: Wisconsin v. Yoder

By Vincent Rhys DaRin — January 15, 2026

Introduction

In the 1970s, the State of Wisconsin had a law that required children to attend school until they were sixteen. The Amish community objected to this law, as they felt it forced them too heavily to change their way of life. They wanted their children to attend only through eighth grade, ending school at fourteen. Jones Yoder, Wallace Miller, and Adin Yutzy were Amish fathers with children over the age of fourteen who objected to the law. They believed the state was infringing on their First Amendment rights to free exercise of religion. Together, they refused to enroll their children in school. Each man was found guilty of violating the law and fined five dollars. The decision was appealed, and the case eventually reached the Supreme Court.

Timeline of the Case

The Supreme Court heard oral arguments in December 1971. The lawyers representing the three Amish fathers argued that it is not possible to separate religion and way of life, and that these two aspects are interconnected. They asserted that within the Amish community, their lifestyle has remained unchanging for centuries and is fundamental to their community. Forcing children to attend school until sixteen would interfere with their integration into the community and the development of their religious beliefs. The state argued that this education was important for Amish children who later decide to leave the community and integrate into broader American society. They claimed that the two additional years of education, from fourteen to sixteen, were necessary for acquiring skills essential to functioning effectively in modern society.

Decision and Reasoning

In Wisconsin v. Yoder, 406 U.S. 205 (1972), the Supreme Court sided with Yoder in a 7-0 decision. Justices William Rehnquist and Lewis F. Powell Jr. recused themselves from the case, leaving seven justices to decide the outcome. The Court unanimously held that Wisconsin’s law infringed on the Amish’s right to free exercise of religion. They stated that requiring children to remain in school restricted their ability to integrate into the Amish community and develop their religious values. Addressing the state’s argument, the Court noted that many Amish who left the community were still able to join the workforce with little difficulty. This indicated that schooling from ages fourteen to sixteen was not as essential for employment as the state claimed.

Aftermath of the Decision

Following Wisconsin v. Yoder, states were required to consider religious exemptions for laws that could substantially burden religious practice. From 1972 onward, religious exemptions based on the Free Exercise Clause became more common, as Yoder had strengthened this protection. However, in 1990, the Free Exercise Clause was narrowed in Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872. In this case, two drug rehabilitation counselors ingested peyote as part of a Native American religious service, which was illegal in Oregon. They were fired, and the case reached the Supreme Court. In a 6-3 decision, the Court sided with the employer, holding that neutral, generally applicable laws do not violate the Free Exercise Clause. This limited the scope of religious exemptions that Yoder had previously reinforced.

Bibliography

Wisconsin v. Yoder, 406 U.S. 205 (1972).
U.S. Const. amend. I (Free Exercise Clause).
Oyez, “Wisconsin v. Yoder,” https://www.oyez.org/cases/1971/70-110
Constitutional Center, “Wisconsin v. Yoder (1972),” https://constitutioncenter.org/the-constitution/supreme-court-case-library/wisconsin-v-yoder-1972
Encyclopaedia Britannica, “Wisconsin v. Yoder,” https://www.britannica.com/topic/Wisconsin-v-Yoder
Teaching American History, “Wisconsin v. Yoder,” https://teachingamericanhistory.org/document/wisconsin-v-yoder/
Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990).
Oyez, “Employment Division v. Smith,” https://www.oyez.org/cases/1989/88-1213