The state of California allows parents to enroll children in tax-funded independent-study programs, including programs run by private charter schools.
Parents who homeschool may participate, and parents choose the curriculum. School employees check progress from time to time to ensure students meet state academic standards and remain on track academically.
The charter schools overseeing the program in this case, however, denied funding for homeschooling curriculum that contains religious materials. The U.S. Court of Appeals for the Ninth Circuit agreed with these charter schools. The Ninth Circuit has upheld the constitutional rights of Christians in recent years, so what’s going on?
According to a petition (PDF) First Liberty Institute filed to the U.S. Supreme Court, the Ninth Circuit contended “that parents teaching their children in their own homes using curricula and materials they selected are conducting a ‘public school program’ to which the First Amendment’s prohibition against religious discrimination doesn’t apply.” (Emphasis added.)
How does the appeal court’s decision square with recent ones?
On behalf of parents, First Liberty asked the Supreme Court to hear their case against Tony Thurmond, state superintendent of public instruction, and others. These parents disagree that they’re conducting a “public school program.”
“The Free Exercise Clause doesn’t permit California to make families choose between funding and faith,” First Liberty wrote in the court filing. “The Court should grant review, reverse the decision below, and restore uniformity on this exceedingly important question of religious liberty.”
