Amish Exception

There is a large Amish community where I live. When traveling in that portion of our county, you need to look out for horse drawn buggies and the occasional horse manure. The Amish community provide a variety of goods to county residents from produce to furniture and the community at large is thankful for their contributions.

One thing that people often ask is why Amish children do not attend school but every other child is required to. To answer that, we are going to have travel back to 1972 and the case of State of Wisconsin v. Yoder.

In Yoder, Jonas Yoder was charged with violating Wisconsin’s compulsory attendance laws for refusing to send his children to school after they completed the 8th grade. The Amish argued that such a requirement would substantially interfere with their right to practice their religion.

The Court in Yoder agreed with the Amish, noting that such attendance would interfere severely with a deeply held religion that has been consistently practice for more than 200 years. The ruling was not only important for the Amish. The Court affirmed that the state carried the burden of proof to show that the compulsory attendance laws meet a compelling state interest, thus raising the scrutiny above rational basis review.

So, what about other religions? Can follows of other faiths be exempt? Typically, no. The use of Yoder by members of other faiths have been unsuccessful. When evaluating such claims, the court will look at several factors including:

1.     Whether the individual’s religious beliefs are sincere

2.     Whether the state’s interest is compelling

3.     The extent to which the such law restricts the religion in question.

So, if you are ever see Amish children selling items during school hours, stop and purchase something, there is no need to call the truancy officer.