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STATE v. YODER

Nos. State 92-94.

49 Wis.2d 430 (1970)

182 N.W.2d 539

STATE, Respondent, v. YODER, Appellant. [No. State 92.] STATE, Respondent v. YUTZY, Appellant. [No. State 93.] STATE, Respondent, v. MILLER, Appellant. [No. State 94.]

Supreme Court of Wisconsin.

Decided January 8, 1971.

Attorney(s) appearing for the Case

For the appellants there was a brief by William B. Ball, Joseph G. Skelly, and Ball & Skelly, all of Harrisburg, Pennsylvania, and by Thomas C. Eckerle and Risser & Risser, all of Madison, and oral argument by Mr. Eckerle and Mr. William B. Ball.

For the respondent the cause was argued by John W. Calhoun, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, and Louis A. Koenig, district attorney of Green county.

A brief amici curiae was filed by James L. Greenwald of Madison for Reverend Willis J. Merriman, Executive Vice President of the Wisconsin Council of Churches; Dr. Manfred E. Swarsensky, Rabbi, Temple Beth El, Madison; and Msgr. Andrew R. Breines, Pastor of Saint Thomas Aquinas Parish, Madison, and Madison editor of the Catholic Herald Citizen.

HALLOWS, C. J.

No liberty guaranteed by our constitution is more important or vital to our free society than is a religious liberty protected by the free exercise clause of the first amendment. This appeal poses the question of whether the compulsory education law of this state, as applied to the Amish, infringes their religious liberty and, if so, whether such interference is constitutionally justified.

If the compulsory...

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