Compulsory education has always been in the best interest of the state, as it fosters good citizenship and self-sufficiency. But what if a segment of society considers state education detrimental to its own values? In the late 1960s, one Wisconsin Amish community held that view and removed its children from public schools. When the state claimed truancy and took Jonas Yoder and two other parents to court, a legal battle of landmark proportions followed. Prize-winning historian Shawn Peters now offers a complete and compelling account of the Yoder case and of the tortured decision of simple Amish folk to break tradition and "go to law." He examines the breadth of First Amendment protections, the validity of compulsory school attendance, and the fundamental rights of parents and children. He also takes readers deep into the world of the Old Order Amish to show how their beliefs were often at variance with the very measures being undertaken to protect them. While most accounts of Wisconsin v. Yoder have focused on its origins and implications, Peters lays out all the facts of the case to reveal their intrinsic importance. He draws on trial transcripts and in-depth interviews with participants to fully explore the backgrounds, motivations, and strategies of the people who shaped the case-particularly the National Committee for Amish Religious Freedom and its attorney William Ball. He then describes in riveting prose how the trial unfolded, explains the impact of First Amendment jurisprudence on ordinary citizens involved, and shows how a relatively obscure dispute became a conflict of national importance. When the U.S. Supreme Court in 1972 ruled in favor of the Amish, its decision was hailed by many as a victory for religious freedom but was also criticized for conferring special protection on one faith. Yoder was subsequently cited in fundamentalist Christian efforts to excuse children from public schooling, but faith-based exemption to law was ultimately defeated in other tests. Peters traces the progress of such cases into the 1990s to show how Yoder in some ways marked the beginning of the end of an era for religious liberty jurisprudence. In exploring the meaning and legacy of Yoder, Peters reveals not only the human element of a landmark case but also its continuing relevance for our times.
Religious Freedom, Education, and Parental Rights
Author: Shawn Francis Peters
Thoroughly updated and featuring 75 new entries, this monumental four-volume work illuminates past and present events associated with civil rights and civil liberties in the United States. • Offers 686 alphabetically arranged entries, ranging from thoroughly updated entries from the first edition to 75 new entries that cover dramatic changes in civil rights and liberties in the last decade • Covers the latest events and controversies surrounding civil liberties issues in America • Fully explores the scope and limitations of Constitutional rights, a perennially hot topic in American politics and society • Includes primary documents with contextual headnotes to enhance understanding of the full importance of the featured document • Provides sources for further reading with each entry to help users engage in additional research
Author: Kara E. Stooksbury,John M. Scheb II,Otis H. Stephens Jr.
In this new edition of The Amish and the State Donald Kraybill brings together legal scholars and social scientists to explore the unique series of conflicts between a traditional religious minority and the modern state. In the process, the authors trace the preservation—and the erosion—of religious liberty in American life. Kraybill begins with an overview of the Amish in North America and describes the "negotiation model" used throughout the book to interpret a variety of legal conflicts. Subsequent chapters deal with specific aspects of religious freedom over which the Amish and the state have clashed. Focusing on the period from 1925 to 2001 in the United States, the authors examine conflicts over military service and conscription, Social Security and taxes, education, health care, land use and zoning, regulation of slow-moving vehicles, and other first amendment issues. New concluding chapters, by constitutional expert William Ball, who defended the Amish before the Supreme Court in 1972 in the landmark Wisconsin v. Yoder case, and law professor Garret Epps, assess the Amish contribution to preserving religious liberty in the United States.
Author: Donald B. Kraybill
Publisher: JHU Press
'When Prayer Fails' examines the web of legal and ethical questions that arise when criminal prosecutions are mounted against parents whose children die as a result of religion-based medical neglect. It explores efforts to balance judicial protections for the religious liberty of faith-healers against the rights of children.
Faith Healing, Children, and the Law
Author: Shawn Francis Peters
Publisher: Oxford University Press
Author: Organization of American Historians. Meeting
The fall of the Confederacy proved traumatic for a people who fought with the belief that God was on their side. Yet, as Eugene D. Genovese writes in A Consuming Fire, Southern Christians continued to trust in the Lord's will. The churches had long defended "southern rights" and insisted upon the divine sanction for slavery, but they also warned that God was testing His people, who must bring slavery up to biblical standards or face the wrath of an angry God. In the eyes of proslavery theorists, clerical and lay, social relations and material conditions affected the extent and pace of the spread of the Gospel and men's preparation to receive it. For proslavery spokesmen, "Christian slavery" offered the South, indeed the world, the best hope for the vital work of preparation for the Kingdom, but they acknowledged that, from a Christian point of view, the slavery practiced in the South left much to be desired. For them, the struggle to reform, or rather transform, social relations was nothing less than a struggle to justify the trust God placed in them when He sanctioned slavery. The reform campaign of prominent ministers and church laymen featured demands to secure slave marriages and family life, repeal the laws against slave literacy, and punish cruel masters. A Consuming Fire analyzes the strength, weakness, and failure of the struggle for reform and the nature and significance of southern Christian orthodoxy and its vision of a proper social order, class structure, and race relations.
The Fall of the Confederacy in the Mind of the White Christian South
Author: Eugene D. Genovese
Publisher: University of Georgia Press
Contains entries that discuss aspects of civil rights and liberties, covering major historical developments and social movements, key legislation, Supreme Court decisions, influential individuals, Constitutional provisions, and groups and organizations; arranged alphabetically from H to R.
Author: Otis H. Stephens,John M. Scheb,Kara Elizabeth Stooksbury
Category: Civil rights
Capturing the authors’ excitement for constitutional law, this updated Tenth Edition of Constitutional Law for a Changing America shows you how judicial decisions are influenced by political factors—from lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices. Authors Lee Epstein and Thomas G. Walker show how these dynamics shape the development of constitutional doctrine. Known for fastidious revising and streamlining, the authors incorporate the latest scholarship in the fields of both political science and legal studies and offer solid analysis of both classic and contemporary landmark cases, including key opinions handed down through the 2017 session. Filled with additional supporting material—photographs of the litigants, sidebars comparing the United States with other nations, and “Aftermath” boxes that tell the stories of the parties' lives after the Supreme Court has acted—the text helps you develop a thorough understanding of the way the U.S. Constitution protects civil rights and liberties.
Rights, Liberties, and Justice
Author: Lee Epstein,Thomas G. Walker
Publisher: CQ Press
Category: Political Science
A historical quarterly
Author: Iowa. Division of Historical Museum and Archives,State Historical Society of Iowa,Iowa. Historical Dept
Category: American literature
Covers the Court's entire history; its operations; its power in relation to other branches of government; major decisions affecting the other branches, the states, individual rights and liberties; and biographies of the justices.
Author: David G. Savage,Joan Biskupic
Publisher: Congressional Quarterly Inc
Category: Political Science
A Cautious Enthusiasm examines the religious, social, and political interplay between eighteenth-century evangelicalism and the Anglican establishment in the lowcountry South. Samuel C. Smith argues that the subjective spirituality inherent in evangelical religion was a catalyst toward political and social consensus among influential Anglican laymen. Smith finds that a close examination of the writings and actions of religion-minded South Carolinians such as Henry Laurens, Christopher Gadsden, and Anglican clergymen Robert Smith and Richard Clarke reveals the influence of evangelical zeal at the highest levels of society. Taking his study even deeper into the religious life of lowcountry society, Smith identifies radically pietistic elements, some of which originated in the mystical writings and practices of European Roman Catholics, German Pietists, and Huguenot Calvinists. Central to this study is the recognition of Catholic mysticism's impact on the experiential side of early evangelicalism, a subject rarely explored in historical works. A Cautious Enthusiasm provides a rare examination of Great Awakening revivalism among lowcountry Anglicans by tracing the European origins into the lowcountry South. This study demonstrates how elements of mystical religiosity prodded some to associate evangelical revivalists with Catholicism and displays how subjective elements of religion contributed to a unique patriotic consensus among lowcountry Anglicans in the Revolutionary era.
Mystical Piety and Evangelicalism in Colonial South Carolina
Author: Samuel C. Smith
In the spring of 1968, a group of Catholic antiwar activists barged into a draft board in suburban Baltimore, stole hundreds of Selective Service records, and burned the documents in a fire fueled by homemade napalm. The bold actions of the ''Catonsville Nine'' quickly became international news, and they remained in the headlines throughout the summer and fall of 1968, when the activists were tried in federal court. Shawn Francis Peters tells the fascinating story of this singular witness for peace and social justice.
A Story of Faith and Resistance in the Vietnam Era
Author: Shawn Francis Peters
Publisher: Oxford University Press
Provides a collection of essays and alphabetical entries that cover the history of freedom of religion in the United States.
An Encyclopedia of Personal Belief and Public Policy
Author: Scott A. Merriman
Publisher: Abc-Clio Incorporated
Author: Arthur James Wells
Category: English literature
Historian Peter Charles Hoffer reexamines a notorious episode in American history and presents many of its legal details in true perspective for the first time. Hoffer also shows how rights we take for granted today did not exist in colonial times, and he demonstrates how these cases relate to current instances of children accusing adults of abuse.
A Legal History
Author: Peter Charles Hoffer
In an updated version of his successful book, the author of Reflections of an Affirmative Action Baby argues that religion can play a role in the nation's politics, law and culture while maintaining its separation from state. Reprint.
How American Law and Politics Trivialize Religious Devotion
Author: Stephen L. Carter
Author: United States. Supreme Court
Category: Law reports, digests, etc