The Yoder Case: Religious Freedom, Education, and Parental Rights by Shawn Francis Peters (Landmark Law Cases and American Society Series: University Press of Kansas) Compulsory education has always been in the best interest of the state, as it fosters good citizenship and self-sufficiency. But what if a segment of society considers state education detrimental to its own values?
In the late 1960s, one Wisconsin Amish community held that
view and removed its children from public schools. When the state claimed
truancy and took Jonas Yoder and two other parents to court, a legal battle of
landmark proportions followed.
Prize-winning historian Shawn Peters now offers a complete
and compelling account of
The Yoder Case and of the tortured decision of simple Amish folk to
break tradition and "go to law." He examines the breadth of First Amendment
protections, the validity of compulsory school attendance, and the fundamental
rights of parents and children. He also takes readers deep into the world of the
Old Order Amish to show how their beliefs were often at variance with the very
measures being undertaken to protect them.
While most accounts of
When the U.S. Supreme Court in 1972 ruled in favor of the
Amish, its decision was hailed by many as a victory for religious freedom but
was also criticized for conferring special protection on one faith. Yoder was
subsequently cited in fundamentalist Christian efforts to excuse children from
public schooling, but faith-based exemption to law was ultimately defeated in
other tests. Peters traces the progress of such cases into the 1990s to show how
Yoder in some ways marked the beginning of the end of an era for religious
liberty jurisprudence.
In exploring the meaning and legacy of The Yoder Case, Peters reveals not only the human element of a landmark case but also its continuing relevance for our times.
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