Reply To: Some children/teens will not be accepted to a school next year.

etidure – You should be careful to read decisions entirely. Smith explicitly doesn’t overturn Yoder as there are competing first amendment rights other than free exercise. See Smith at 881 and fn 1. Scalia actually mentions Yoder as one of the benchmark cases which Smith would not apply to. The 9th circuit recently (in ruiz-diaz 703F.3d483) tried saying (in dicta) that Smith overturned Yoder. Thankfully, the 9th circuit’s dicta is far less relevant to the issue than the text of Smith.

I was aware of Smith before I posted. Perhaps you shouldn’t jump to conclusions.