Wisconsin v. Yoder

The Amish

The Amish and the Old Order Mennonites (OOM) are Christian groups with common roots in the Anabaptists of 16th-century Europe. They believe [Page 944]in plain dress, pacifism, and close-knit communities. They reject many aspects of the modern materialistic world and value manual trades such as baking, quilting, farming, and carpentry. The Amish refrain from hiring lawyers to settle arguments. They are resolute in their belief that formal school-based education (book learning) should be completed by the eighth grade. During adolescence, Amish youth will be engaged in learning by doing and will work alongside their parents to learn all of the skills required to support a family and become contributing members of Amish society.

The Case

Amish families from Iowa (seeking to escape the ongoing school controversy in Hazleton—requiring children to attend public schools) and Ohio arrived in New Glaurus, Wisconsin, in the 1960s. The Amish enrolled their children in public school but eventually became concerned about several aspects of the school, including attire required in physical education classes. As a result, Amish parents started their own school. Public school officials hoped to convince the Amish to send their children to public school for at least several days at the beginning of the school term so that the school district would receive state funds based on their attendance. The Amish refused to go along with this scheme; therefore public officials decided to pursue truancy charges. Three Amish and Mennonite farmers were cited for violating Wisconsin's compulsory school attendance laws because the children (eighth-grade graduates) in question were under the age of 16 and not attending a public school. Rev. Lindholm and NCARF came to the aid of these men and hired attorneys to defend them.

The initial trial in this case took place on April 2, 1969. The key witness for the Amish was John Hostetler, Ph.D., professor at Temple University and noted authority on the Amish faith. During cross-examination, the prosecuting attorney attempted to refute Hostetler's testimony. Because this tactic was unsuccessful, the attorney used a series of questions to corner Hostetler. Hostetler, aware of the approach, testified that there is a great deal of difference in definitions of education. The attorney replied that education is designed so students can take their place in the world. After a pause, Hostetler stated, “It depends on which world.” Amish education was to prepare students for a life in Amish society and eventually heaven. Hostetler had made an important distinction. The Amish fathers were found guilty, but the testimony of Hostetler recounting Amish beliefs was fundamental and would serve as a key element of the defense in future trials. The case was appealed at the Wisconsin district court level where the lower court ruling was affirmed.

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