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March 26, 2012

Loudermilk Update: Supreme Court Decided, Thank You for Your Prayers

Home School Legal Defense Association received confirmation today, March 26, 2012, that the U.S. Supreme Court has declined to consider the Loudermilk case. Given the small amount of cases—less than 100—that are accepted from the 8,000 or more appeals made to the Supreme Court each year, the Loudermilk case faced a tough court.

Seven years ago, social service investigators interrupted the Loudermilk family at breakfast and demanded to enter their house without a search warrant as a result of an anonymous allegation. Because the Loudermilks refused to allow entry based on their constitutional rights, six sheriff’s deputies joined the social services personnel, and they threatened the Loudermilks with an ultimatum. If the Loudermilks did not open their doors, their children would be taken into Arizona state custody immediately. Under coercion, the Loudermilks let their home be searched, and the original allegations were quickly proven false.

Because of the egregious violation of the Loudermilks’ constitutional rights, HSLDA sued and won in federal court against the social service workers and sheriff’s deputies. Inexplicably, the Ninth Circuit Court sided with the deputy sheriffs in an appeal and ruled that the Loudermilks had voluntarily opened their doors. On January 19, 2012, HSLDA appealed to the Supreme Court in an effort to overturn the Ninth Circuit’s ruling and protect the integrity of home privacy. Unfortunately, the Supreme Court denied our writ of certiorari March 23, 2012.

Many of you received our updates on the Loudermilk case and joined us in prayer for the case and the Loudermilk family. We thank you for lifting this case up and for standing with HSLDA to protect the right to homeschool.

 Other Resources

Supreme Court Order (requires Adobe Acrobat Reader)

“Let Me in or I’ll Huff and I’ll Puff and … I’ll Take Your Kids!”

Loudermilk brief