On October 30, the Liberty Justice Center filed an amicus brief before the U.S. Court of Appeals for the Ninth Circuit in Woolard v. Thurmond, a case concerning parents’ right to direct the education and upbringing of their children according to their values.
In California, certain charter school programs allow parents and guardians to access state funding to purchase home instruction materials. However, these programs prohibit families from using the funds to purchase education materials from faith-based organizations, even when those materials meet state educational standards. A group of Californian parents sued to challenge these religious exclusions in October 2023, arguing that denying a family access to a state benefit based on their religious viewpoint violates the First Amendment.
The Liberty Justice Center filed an amicus brief in support of the parents on October 30. The brief argues that such religious discrimination violates Supreme Court precedent, which prohibits anti-religious discrimination in the context of school-choice programs. The brief also highlights the benefits of homeschooling programs for a wide variety of students from diverse religious backgrounds, including low-income students, students in failing schools, neurodivergent students, students with special needs, victims of bullying, and students in military families.
“Families deserve the freedom to choose the best education for their children—whether that’s through public schools, homeschooling, charter schools, or other alternatives,” said Dean McGee, Senior Counsel for Educational Freedom at the Liberty Justice Center. “Discriminating against families just because they choose a religious option is a clear violation of the First Amendment. We urge the court to protect every family’s right to access educational choice without religious discrimination.”
The Liberty Justice Center’s amicus brief in Woolard v. Thurmond is available here.