Jump directly to the content

Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

Wisconsin v. Yoder

Volume 4 . Chapter 12 . § 12-07

Wisconsin v. Yoder38 § 12-07

The Yoder case involved the constitutionality of applying a state compulsory attendance law to Old Order Amish children who had completed the eighth grade. The principal significance of the decision lies in the Court's construction of the "free exercise clause" of the First Amendment. After emphasizing that "only those interests of the highest order and those not otherwise served can overbalance legitimate claims to the free exercise of religion,"39 the Court enunciated a three-pronged test for assessing the constitutionality of governmental action under the free exercise clause:

  1. Is the activity interfered with by the state motivated by and rooted in legitimate and sincerely held religious belief?
  2. Is the activity interfered with by the state unduly and substantially burdened to the extent of affecting religious practice?

Article Preview

This article is currently available to ChurchLawAndTax.com subscribers only. To continue reading:

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations."

Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.


ChurchSalary

Receive a customized salary report for up to 18 different ministry positions. Learn how your church should compensate based on size, budget, location, and employee work experience.

Essential Guide to Employment Issues for Church Boards

Essential Guide to Employment Issues for Church Boards Subscriber access only

Covers selection and screening, dispute resolution, terminations, discrimination, and minimum wage.
Increase Giving at Church

Increase Giving at Church Subscriber access only

Develop practical and digital strategies to cultivate a culture of giving.