Is Yoder An Amish Case?

[David Cruz]

On Thu, 8 Oct 1998, Robert Destro wrote:

> [snip]
>      David Cruz goes on to ask:
>
> 2) Does the state have an interest in socialization of youth?
>
>      I think most would agree that it does -- as long as that interest is
>      defined in what might be termed "civic republican" language.  I do not
>      believe, however, that the state has any interest in setting
>      parameters for the "appropriate" role of religion in education.
>
>      I read David's question -- correct me if I'm wrong -- as an inquiry
>      into the state's interest, if any, in the *religious* socialization of
>      children.

Actually, while that may have been part of Wisconsin's asserted interest
in Yoder (though I am not clear that it was the religiosity of the Amish
way of education to which the state objected), what I actually meant to be
asking about had more to do with socialization in the sense of learning to
get along well with other people (or other people with whom one differs).
That was why I inquired about any relevance or not to _size_ of community
or school.

But I appreciate Bob's (and Rick's) thoughtful comments, and I agree
that it is entirely worthwhile to consider how to understand Yoder in the
wake of Smith.  (Of course, another possibility for consideration is
whether, if Smith remains binding precedent, Yoder (and the entire "hybrid
rights" conceptual contraption) might not be destined for overruling.)

-David Cruz, USC Law (Cal.)