West Virginia State Board of Education V. Barnette - Subsequent History

Subsequent History

The majority opinion in Barnette is considered one of the Court's greatest and most sweeping statements about the fundamental freedoms established by the Bill of Rights. After Barnette, the Court began to turn away from the belief-action doctrine altogether, creating religious exemption for believers of different creeds. In Sherbert v. Verner (1963), for example, the Court upheld a Seventh-day Adventist's claim to unemployment benefits even though she declined to make herself available to work on Saturday (her Sabbath) as the law required. In Wisconsin v. Yoder (1972), the Court upheld the right of Amish parents not to send their children to public schools past the eighth grade.

At 2006 proceedings cosponsored by the Justice Robert H. Jackson Center and the Supreme Court Historical Society, Supreme Court law clerks from that Court were on a panel with the two eponymous Barnettes. Just as she and her sister had in 1942, Gathie Barnette Edmonds noted that her own son was also sent to the principal's office for not saluting the flag.

Read more about this topic:  West Virginia State Board Of Education V. Barnette

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