Amish Religion example essay topic

State of Wisconsin vs. Yoder 406 U.S. 205 (1972) Legal Brief FACTS: State of Wisconsin vs. Yoder represents a case challenging the Compulsory Education Law of Wisconsin. The Law of the State of Wisconsin states that children are mandated to attend school until the age of 16. In this case, three Amish men from two separate Amish sects living within the same community, brought their concerns of preserving their faith and community forward. A common legal question binds the plaintiffs: Whether, under the First and Fourteenth Amendments and The Free Exercise Clause, compulsory secondary education enacted in the Amish Community will violate the religious rights of these people. LEGAL QUESTION: Does compulsory secondary education enacted in the Amish Community, although against their personal and community religious beliefs and viewed as a detriment to their children at that crucial and delicate time in adolescence, will violate the religious rights of this group of people. Held: State cannot compel Amish children to attend public high school.

Legal Analysis: Although affirming the responsibility that each and every state has for the education of their children, the court looks closely at each factor being mentioned. The Court justifies the decision made after looking at other similar cases that have been brought up before, but this said case had characteristics to examine beyond the previous claims. In Pierce vs. The Society of Sisters, it was held that a child could not be forced to attend a specific school, yet that didn't mean that a child could be exempt from school altogether. Comparably, in Hamilton vs. Regents, it was decided that a group of parents were not able to teach their children at home, but for the reason that the parents simply were not equipped to teach their children what they needed to know in order to be literate. This new aspect being seen in the Court this time around is unlike any of the cases it had followed. The Court's initial statement was that... "we must be careful to determine whether the Amish religious faith and their mode of life are, as they claim, inseparable and interdependent" (p 249).

Yet, after hearing the testimony of religious and academic scholars and the information that was provided, the Court simply states that the lifestyle of the Amish is... ". not merely a matter of personal preference, but one of deep religious conviction, shared by an organized group, and intimately related to daily living... ". (p 249). Furthermore, the Court comes to the blatant conclusion that... ". an additional one or two years of formal high school for Amish children in place of their long-established program of informal vocational education would do little to serve those interests" (p 250). In addition to the Court's empathy with the Amish religion and sense of community, the Court also makes a closing comment stating that... ".

This case, of course, is not one in which any harm to the physical or mental health of the child or to the public safety, peace, order, or welfare has been demonstrated or may be properly inferred" (p 251). The Court then finds that the First and Fourteenth Amendments prevent the state from mandating secondary education in the Amish Community. (citing School Attendance, American School Law, pp 247-252) Possible Dilemmas: From an administrator's standpoint, I think that, as a result of this ruling, the already busy court systems will see a rise in the number of religion-based cases such as the one being examined here. First, because the United States is growing so diverse on an ongoing daily basis, that it is not simply a Judeo-Christian question any longer. Immigrants from many other countries are bringing many diverse religions from their home countries and it is possible to see many more cases such as this in the future. Second, with the number of religions growing in our country at such an alarming rate, there are so many religions that we still do not know about.

It is also fair to say that there are some now that we already know about, yet don't understand. What if a state does end up violating another family's rights due to lack of knowledge and it's simply because the religion isn't understood? Finally, with the diversity of religions we have a diverse group of people in our country. Not simply the diversity of religion, but the kind of diverse that includes many different backgrounds as well as abilities, mental capacities, illnesses, tendencies, intelligences, etc. There are some individuals out there who would use "being Amish" for either personal gain or ignoring the law to send their children to school for one reason or another.

From a historian's perspective, I think that societies tend to change over time. We have seen that most societies have changed over an observed period of time in some form or another. The possible dilemma here is that, if any said community started to become more lax on their rules, the young adolescents who ended up poorly equipped for the secular world would find it very difficult to get a job in mainstream society. It is also know that, at the age of 16, the child in the Amish community makes the decision on whether or not to remain in the Amish Community. Although most stay with their faith and families, what would this adolescent be equipped to do upon leaving the safe and self-sufficient haven?

Coming from such a sheltered and predictable life could leave a teenager who chooses not to follow the Amish religion any longer without any resources would be incredibly difficult. However, it would be possible for that young adult to find work on a farm or do some other sort of menial job, but there is so much further knowledge that needs to be known if any young adult is going to succeed or even merely "get by" in our society. The use of money and automobiles is foreign to this religion, but nearly necessary in the secular American setting. Interpersonal relationships would probably be either rugged or nonexistent after being around the same wholesome and predictable people for all of your life. Marriage is also sure to bring about some sort of an issue for a mainstreamed Ex-Amish individual.

In fact, it would be terribly difficult for these young men and women to learn an entirely new daily life after living under the extremely strict customs of the Amish Community. Furthermore, it was seen in this case that different Amish men from different sects of the Amish religion were being represented by this appeal. One can safely assume that if, within the Amish set of beliefs there are deviations, then there are bound to be different opinions on different issues that come about. These differing opinions and issues are probably followed by differing measures taken by each individual community.

What if one of those issues involved harming a child who does not want to continue in the religion or even killing someone who no longer wants to associate with their way of living? It is well known that the Amish only associate with other Amish (with the exception of some business), so one would have little or no way of knowing if this ever happens. In conclusion, I believe that the decision made by the court was the right decision to be made. The Free Exercise Clause states that all Americans are free to exercise the religion of their preference. This is simply what the Amish were doing. As an argument against the remarks being made by the State of Wisconsin, I feel that the Amish (as long as they plan on staying with their families in the community and are not expected to compete in the job force) are getting a very valuable form of secondary education in learning an important vocation in the best way ever - hands-on!

In lay man's terms, it also helps to picture Marilyn Manson meets The Amish, and instantaneously you realize how formal public education is not the route that the Amish would want to take. School Law - 3rd Edition.