EXCERPT
What rights do parents have in directing their children’s education?
Parental Rights at the Supreme Court
The Supreme Court of the United States first upheld this right of parents in a series of landmark cases in the mid-1920s. In Meyer v. Nebraska (1925) the Court struck down a state law prohibiting instruction in German to students before the ninth grade; in the lesser-known decision of Farrington v. Tokushige (1927), the Court overturned a similar law in Hawaii that forbade instruction in Japanese. In Pierce v. Society of Sisters (1925), the Court struck down an Oregon law that effectively outlawed private schools.
The primary motivation behind these laws was the nativist impulse to assimilate the children of immigrants, to “standardize” children, into white, Protestant, American culture. In Oregon, for example, the Ku Klux Klan was among the most powerful and vocal supporters of the law forbidding private (read: Catholic) education. In a pamphlet widely distributed in Oregon, the Grand Dragon of the Ku Klux Klan wrote of Catholic parents and their school-aged children: “somehow, these mongrel hordes must be Americanized; failing that, deportation is the only remedy.” “Democratic education,” he wrote, is the “one unfailing defense against every kind of alienism in America.”
In overturning these laws, the Supreme Court established what William Galston has described as “a rebuttable presumption” in favor of parental liberty: parents have the right to direct their children’s education for the simple reason that parents typically know the unique needs and capacities of their children and desire what is best for them. As the Court wrote in Pierce, “those who nurture [a child] and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.” At their best, parents “recognize” what “additional obligations” their children are capable of and called to and then “direct” them to these ends.
In these same decisions, the Supreme Court also upheld the general authority of the state to compel school attendance and require schools to teach, in the language of Pierce, “certain studies plainly essential to good citizenship.”
The Supreme Court was able to balance the specific rights of parents to direct their children’s education and the general authority of the state to form educated citizens by drawing from seven decades of state supreme court decisions on the issue. Indeed, the Meyer Court alludes to this rich history when it identifies the right of parents to direct their children’s education as one of “those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.”