From Pierce to Trump: How U.S. History Champions Parents’ Role in Education

(LibertySociety.com) – As America marks the 100th anniversary of a landmark Supreme Court ruling on parental education rights, the battle over who controls children’s schooling continues to intensify.

At a Glance

• The 1925 Supreme Court case Pierce v. Society of Sisters established that parents, not the state, have primary rights in directing their children’s education
• This principle is rooted in Founding Fathers’ views of parental rights as natural, God-given responsibilities protected by the Constitution
• The upcoming Supreme Court case Mahmoud v. Taylor could further strengthen parental rights by allowing opt-outs for moral and religious reasons
• School choice initiatives, including vouchers and Education Savings Accounts, remain at the center of modern parental rights advocacy
• The Heritage Foundation has launched the Parental Rights Network to connect advocacy groups and provide resources for concerned parents

A Century of Defending Parental Authority

In 1925, the U.S. Supreme Court delivered a decisive ruling in Pierce v. Society of Sisters that continues to shape the educational landscape today. The Court struck down an Oregon law mandating public school attendance, declaring that parents, not government officials, hold the primary right to determine their children’s education. This landmark decision included the Court’s powerful declaration that “The child is not the mere creature of the state,” establishing a constitutional precedent that has guided parental rights for a century.

“The child is not the mere creature of the state,” – U.S. Supreme Court.

This fundamental principle wasn’t a novel concept but rather an affirmation of the vision held by America’s founders. John Adams articulated this belief clearly when he wrote, “The foundation of national morality must be laid in private families.” The Ninth and Tenth Amendments further protect these rights by reserving powers not explicitly granted to the federal government to the states or the people. These constitutional protections have formed the legal backbone for parental advocacy throughout American history.

Modern Challenges to Parental Authority

Despite these long-established principles, many conservative parents today feel their authority is increasingly threatened by government policies, educational institutions, and cultural shifts. The growing presence of controversial materials in classrooms and school libraries has sparked concern among parents who feel their values are being undermined. Some school staff have even gone as far as telling children, “If your parents aren’t accepting of your identity, I’m your mom now,” directly challenging the primacy of the parent-child relationship.

In response to these concerns, organizations like the Heritage Foundation have launched initiatives such as the Parental Rights Network to mobilize families and advocacy groups. This network aims to provide parents with resources, tools, and connections needed to effectively advocate for their rights at local school boards and with state legislators. Rather than simply expressing outrage, the movement encourages strategic action and collaboration among concerned citizens across the country.

School Choice as a Pathway to Parental Empowerment

School choice has emerged as a central battleground in the fight for parental rights. The concept encompasses various policies including vouchers, Education Savings Accounts (ESAs), tax-credit scholarships, and charter schools. States like Florida and Arizona have embraced expansive ESA programs that allow parents to use public funds for private schooling options. These initiatives reflect a growing shift toward market-driven approaches to education that prioritize parental decision-making.

“The foundation of national morality must be laid in private families,” – John Adams.

The Trump administration previously championed school choice as a means to reinforce parental rights. One lesser-known approach involved encouraging states to revisit the “persistently dangerous schools” provision in federal education law. This provision, part of the No Child Left Behind Act, allows students to transfer from schools designated as unsafe. Former Congressman Bob Schaffer, who later became a school choice advocate, supported this measure, stating, “It appears to me the Education Department is pushing states to tighten those definitions so that ‘persistently dangerous’ actually approximates what a normal person would think is ‘persistently dangerous.’”

Looking Ahead: Legal Developments

The upcoming Supreme Court case Mahmoud v. Taylor could significantly impact parental rights by potentially expanding parents’ ability to opt their children out of school activities for moral or religious reasons. This case follows in the tradition of Pierce v. Society of Sisters, continuing the century-long legal recognition that parents have the right “to direct the upbringing and education of” their children without undue government interference.

As debates over curriculum content, gender policies, and school choice intensify, the fundamental question remains unchanged: Who should have the primary authority in determining a child’s education—parents or the state? The answer established a century ago in Pierce v. Society of Sisters continues to guide courts, legislators, and advocates who believe that parents, not government officials, should remain the principal decision-makers in their children’s lives and education.

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