Case Citator › Wisconsin v. Yoder

Wisconsin v. Yoder

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Supreme Court of the United States
Citation
406 U.S. 205
Decided
Confirmed treatments
1
Flagged citations read
74 of 74
Citing cases (total)
3,250
Treatment dates
1990
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. Wisconsin v. Yoder is limited, while its Amish education holding remains intact. All 74 flagged citations were read.
More on how this was screened

The confirmed treatment listed below is the Supreme Court's distinction of Yoder from claims based on religious exercise alone. Later opinions describing Yoder as “overruled” by Employment Division v. Smith report Smith's action rather than their own, and Smith itself preserved Yoder's parental education holding.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

3,250 later cases cite Wisconsin v. Yoder; 74 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Wisconsin v. Yoder?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • The Supreme Court held that Yoder involved religious exercise combined with parents' right to direct their children's education, distinguishing it from a Free Exercise challenge to a neutral, generally applicable law standing alone.

    Employment Division v. Smith · Supreme Court of the United States · filed

    The only decisions in which we have held that the First Amendment bars application of a neutral, generally applicable law to religiously motivated action have involved not the Free Exercise Clause alone, but the Free Exercise Clause in conjunction with other constitutional protections ... or the right of parents, acknowledged in Pierce v. Society of Sisters, 268 U. S. 510 (1925), to direct the education of their children, see Wisconsin v. Yoder, 406 U. S. 205 (1972) (invalidating compulsory school-attendance laws as applied to Amish parents who refused on religious grounds to send their children to school).
    Read the full opinion on CourtListener →

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