State v. Yoder , 49 Wis. 2d 430 ( 1971 )

Connor T. Hansen, J.

(concurring). I concur with the result reached in the opinion written by Mr. Chief Justice Hallows, but only to the extent that children of members of the Old Order Amish religion or Conservative Amish Mennonite Church, living as members of the Amish community, should not be required to attend a school which meets the requirements of state law beyond the eighth grade.

Under the facts of this case, there has been an inadequate showing that the state’s interest in establishing and maintaining an educational system overrides the defendants’ right to the free exercise of their religion. Consequently, I would hold that unless and until further experience indicates that so invoking the first amendment poses a serious threat to the effective functioning of an educational system within the state, children of members of the religious order involved in this case should not be required to attend school beyond the eighth grade.

I am authorized to state that Justices Wilkie, Beil-puss, Hanley and Robert W. Hansen, join in this concurring opinion.