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Wisconsin v. Yoder: Date, Who, What
1972
Amish families (Yoder) vs. State of Wisconsin
Issue: Can the state force Amish children to attend high school?
Wisconsin v. Yoder: Historical Context
Post-1960s era → expanding individual rights
Court was very active in protecting liberties (Warren Court influence)
Tension between:
Modernization (education, economy)
Traditional religious communities
Wisconsin v. Yoder: Responding to
Compulsory education laws
Earlier cases expanding religious freedom
Wisconsin v. Yoder: Basic facts
Law: must attend school until 16
Amish stop at 8th grade
Believe high school:
Promotes individualism
Encourages competition
Leads away from religious life
Wisconsin v. Yoder: Amish Side
Religion is a complete system of life
High school = existential threat to community
Children trained through:
Farming
Community work
Survival of religion depends on separation
Wisconsin v. Yoder: State Side
Education needed for:
Civic participation
Economic independence
Police power:
Health
Morals
Welfare
Wisconsin v. Yoder: Rule
STRICT SCRUTINY:
Compelling interest
Least restrictive means
Wisconsin v. Yoder: Court Reasoning for the rule
Amish:
Proven self-sufficient society
Low crime, strong community
High school:
Not necessary for their lifestyle
Disrupts religious transmission
State interest:
General, not specific enough
Court emphasizes:
Sincerity of belief
Historical continuity of Amish life
→ Burden on religion is severe and direct
Wisconsin v. Yoder: Key Idea
Religion includes practices, lifestyle, and community survival
Wisconsin v. Yoder: Dissent
William O. Douglas
Focus on child autonomy
Children might want:
Education
Different life choices
Employment Division v. Smith: Date, Who, What
1990
Smith vs Oregon
Issue: Does religion excuse illegal drug use?
Employment Division v. Smith: Historical context
Late 20th century → concern about:
Drug use
Legal uniformity
Shift toward limiting judicial activism
Employment Division v. Smith: Response To
Reaction against:
Expansive rulings like Yoder
Court pulling back from strict scrutiny
Employment Division v. Smith: Facts
Peyote used in Native American religious ritual
Workers fired → denied unemployment
Employment Division v. Smith: Smith Side
Religious ritual protected
Employment Division v. Smith: State Side
Drug laws must apply equally
Employment Division v. Smith: Rule
Neutral + generally applicable laws = valid
Employment Division v. Smith: Court Reasoning
If exemptions allowed:
Endless claims
Impossible to govern
Concern about:
Fraudulent claims of religion
Court separates:
Belief (protected)
Action (regulated)
Employment Division v. Smith: Key Idea
Religious freedom is limited by rule of law
Employment Division v. Smith: Dissent
Government should accommodate religion
Underestimates burden on minorities
Holt v. Hobbs: Date, Who, What
2015
Prisoner vs Arkansas prison
Holt v. Hobbs: Historical Context
Post-9/11 → increased attention to Muslim rights
Expansion of statutory religious protections (RLUIPA)
Holt v. Hobbs: Response to…
Smith limitations
Congressional laws restoring strict scrutiny
Holt v. Hobbs: Facts
Prison bans beards
Muslim inmate requires beard
Holt v. Hobbs: Holt side
Religious obligation
Holt v. Hobbs: State side
Security risks
Holt v. Hobbs: Final ruling
Strict Scrutiny (RLUIPA)
Holt v. Hobbs: Court Reasoning
Substantial burden:
Forces violation of religious belief
Government fails:
No evidence beard is dangerous
Alternatives exist
Court emphasizes:
Government must do MORE work
Mahmoud v. Taylor: Date, Who, What
2025
Parents vs school system
Mahmoud v. Taylor: Historical Context
Modern debates:
Gender identity
Public education
Culture conflict over schools
Mahmoud v. Taylor: Response To
Builds on:
Yoder (parental control)
Smith (limits)
Mahmoud v. Taylor: facts
LGBTQ books introduced
No opt-out
Young children (K–5)
Mahmoud v. Taylor: Parent’s side
Undermines religious teaching
Influences identity
Mahmoud v. Taylor: State’s side
Promotes inclusion
Prevents discrimination
Mahmoud v. Taylor: Rule
If burden exists → strict scrutiny logic applies
Mahmoud v. Taylor: Court Reasoning
Children:
Highly impressionable
Exposure:
Can shape beliefs
Lack of opt-out:
Increases burden
Lee v. Weisman: Date, Who, What
1992
Student vs school
Lee v. Weisman: Historical Context
Ongoing debates about religion in public schools
Lee v. Weisman: Response To
Earlier school prayer cases
Lee v. Weisman: Facts
Prayer at graduation
Lee v. Weisman: student side
Religious pressure
Lee v. Weisman: school side
Voluntary ceremony
Lee v. Weisman: rule
No coercion in religion
Lee v. Weisman: Court Reasoning
Psychological pressure matters
Students:
Feel obligated
Authority = coercion
Lee v. Weisman: Key Idea
Subtle coercion violates Constitution
Lee v. Weisman: Dissent
Antonin Scalia
Tradition should be allowed
Roe v. Wade: Date, Who, What
1973
Roe vs Texas
Roe v. Wade: Historical Context
Women’s rights movement
Expanding privacy doctrine
Roe v. Wade: Response To
Griswold (privacy rights)
Roe v. Wade: Facts
Texas bans abortion
Roe v. Wade: Roe side
Privacy, liberty
Roe v. Wade: State side
protect life
Roe v. Wade: Rule
Fundamental right → strict scrutiny
Roe v. Wade: Court Reasoning
Liberty includes:
Personal decisions
Balancing:
Woman vs fetus
Planned Parenthood of Southeastern Pa. v. Casey: Date, Who, What
1992
challenged five provisions of the Pennsylvania Abortion Control Act of 1982, including informed consent, a 24-hour waiting period, parental consent for minors, and spousal notification.
Planned Parenthood of Southeastern Pa. v. Casey: Ruling
Undue burden
Planned Parenthood of Southeastern Pa. v. Casey: Reasoning
State may influence decisions
Cannot block access
Dobbs v. Jackson Women's Health Organization: Date, Who, What
2022
The Supreme Court upheld Mississippi’s 2018 law (the Gestational Age Act) that banned most abortions after 15 weeks of pregnancy.
Dobbs v. Jackson Women's Health Organization: ruling
No fundamental right to abortion, leave it up to the states
Dobbs v. Jackson Women's Health Organization: Court Reasoning
Constitution:
No abortion mention
History:
Not protected
Rejects:
“Living constitution”