"There can be no assumption that today's majority is "right" and the Amish and others like them are "wrong." A way of life that is odd or even erratic but interferes with no rights or interests of others is not to be condemned because it is different"
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Burger is doing something rare for a conservative-era Chief Justice: stripping “normal” of its moral authority. The sentence refuses the lazy civic reflex that equates headcount with correctness, a reflex that becomes especially dangerous when law borrows its standards from majoritarian taste. By invoking the Amish, he picks a group that reads as visibly “other” in American life yet is also stereotyped as peaceable. That choice isn’t sentimental; it’s tactical. It forces the reader to confront how quickly cultural discomfort can masquerade as public interest.
The quote’s legal muscle sits in the phrase “interferes with no rights or interests of others.” Burger is drawing a bright constitutional line between genuine harm and mere irritation. “Odd or even erratic” concedes the majority’s judgment without granting it power. He lets the mainstream keep its eye-roll, then denies it the right to turn that eye-roll into coercion. The subtext: pluralism isn’t a celebration of every lifestyle; it’s a discipline of restraint.
Context matters. Burger presided over a Court navigating post-1960s cultural conflict, when “law and order” politics often collided with claims of autonomy, religion, and dissenting community norms. This sounds like the logic behind decisions protecting free exercise and parental control in education (the Amish are a recurring constitutional test case). He’s defending a modest but radical proposition: the Constitution is supposed to insulate minority ways of living from the moods of the crowd, not merely from explicit persecution.
The quote’s legal muscle sits in the phrase “interferes with no rights or interests of others.” Burger is drawing a bright constitutional line between genuine harm and mere irritation. “Odd or even erratic” concedes the majority’s judgment without granting it power. He lets the mainstream keep its eye-roll, then denies it the right to turn that eye-roll into coercion. The subtext: pluralism isn’t a celebration of every lifestyle; it’s a discipline of restraint.
Context matters. Burger presided over a Court navigating post-1960s cultural conflict, when “law and order” politics often collided with claims of autonomy, religion, and dissenting community norms. This sounds like the logic behind decisions protecting free exercise and parental control in education (the Amish are a recurring constitutional test case). He’s defending a modest but radical proposition: the Constitution is supposed to insulate minority ways of living from the moods of the crowd, not merely from explicit persecution.
Quote Details
| Topic | Freedom |
|---|---|
| Source | Wisconsin v. Yoder, 406 U.S. 205 (1972), majority opinion by Chief Justice Warren E. Burger (U.S. Supreme Court decision concerning the Amish) |
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