Required caseThe Free Exercise Clause

Wisconsin v. Yoder

1972·Unit 3: Civil Liberties and Civil Rights

Amish families may be exempt from compulsory high school attendance when it burdens sincere religious practice.

Practice the comparison FRQRead the brief
Decided
1972
Clause at issue
First Amendment: Free Exercise Clause
Course unit
Unit 3
Case number
10 of 14

Case brief

The three pieces every AP answer about this case should get right.

  1. 1

    The facts

    Amish parents refused to send their children to high school after eighth grade, citing religious convictions.

  2. 2

    The constitutional question

    Does compulsory school attendance beyond eighth grade violate the Free Exercise Clause for the Amish?

  3. 3

    The holding

    The Court ruled for the Amish parents.

Why it matters

  • Sincere religious belief outweighed the state’s general interest in compulsory education past eighth grade.
  • Forcing Amish students into high school would seriously threaten their way of life.
  • The Free Exercise Clause protects minority religious communities from substantial burdens.

Check yourself

Three questions on Wisconsin v. Yoder: the holding, a common mix-up, and how it differs from another required case.

Question 1 of 3

In Wisconsin v. Yoder (1972), the Supreme Court ruled that Amish parents could not be required to send their children to school after the eighth grade. The Court’s decision was based on which of the following?

SCOTUS comparison FRQ

Can you connect Wisconsin v. Yoder to a case you’ve never seen?

The exam hands you an unfamiliar case and asks how it relates to a required one. Practice that here: name the shared principle, state the holding, and explain the connection.

Start the comparison

You’ll compare it with

Church of the Lukumi Babalu Aye v. City of Hialeah (1993)

Three parts

  1. A. Identify the shared principle
  2. B. Describe the required case
  3. C. Explain the connection

Frequently asked questions

What school rule did the Amish families challenge?

Wisconsin’s compulsory-attendance law past eighth grade. The parents sent their children through eighth grade and refused high school, arguing that further schooling would undermine their religious community.

Which clause did they win on?

The Free Exercise Clause. The Court found a sincere religious burden and held that the state’s interest in two more years of school did not outweigh it.

Can any student cite Yoder to skip a school requirement?

No. The holding is about compulsory high school for this religious community, where the Court saw a serious threat to a longstanding way of life. It is not a general exemption from school rules.

Why do students mix Yoder up with Engel?

Both involve school and religion, but the clauses run in opposite directions. Engel stops the state from sponsoring prayer. Yoder stops the state from forcing a religious practice to give way to an attendance law. Name the clause before you name the case.

The other required cases