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Legal Issues
Yoder v Ginsburg
Yoder v Ginsburg Comparing and Contrasting Yoder with Ginsburg At face value, the cases of Yoder and Ginsburg appear quite different to me. After all, one deals with an Amish parent who took her children out of highschool for religious reasons and the other case deals with a Luncheonette owner who sold a 16 year old boy “questionable materials”. While each case deals on its own with differing state laws and statutes, they come together in the effort to answer the question; how much authority does the state possess over other people’s children? The decisions in Yoder and Ginsburg are quite conflicting. Regarding Yoder, the court decides that if your religion conflicts with your highschool, then you don’t have to go. This generally puts religion before education. In Ginsburg the State comes out victorious and presents itself as the end all authority over what kind of material a child of 16 can see or read. This decision paints the state as having supreme authority over parents, yet in Yoder the parents are the authority over the State and the Board of Essentially in Yoder, the child is the victor in a sense. The state hands over its authority to the parents and loses the upper hand. In this case the child is the victor especially because she did not want to go to school. In the Ginsburg decision, a minor is deemed still a minor when it comes to obscenity, and the state holds on to their authority. The point is, that when we are dealing with something as important as school and something as nonconsequential as incredibly soft pornography, the court allows a child to not look at either at a book or a Playboy. It seems almost incredulous to me at least. I Can it be said, then, that religion comes first over education? Isn’t our country founded on the separation of church and state? The Yoder decision clearly combines the two, and allows an Amish parent to pull her children from highschool, although the law clearly states that you must attend school until 16 years of age. Are those Amish children now considered adults because they don’t have to obey the statute? My question is, aren’t all minors still minors, whether Amish or not? Just like the law, the answers to these questions can range in an incredibly large way. Interpretation of the statutes differs in each person or judge who read them. So, I don’t how to even answer my own questions. What I do know though, is that I believe that the state should not be able to dictate differing laws and opinions about what children can and cannot do on the basis of religion. Bibliography:
Word Count: 452
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