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November 20, 2015

Why Justice Scalia is Wrong about Parental Rights

William A. Estrada, Esq.
Director of Federal Relations

Will Estrada has been leading our efforts to defend homeschooling on Capitol Hill since 2006. He is a homeschool graduate who married a homeschool graduate. Read more >>

HSLDA strongly rejects U.S. Supreme Court Justice Antonin Scalia’s recent comment that that there is no U.S. constitutional right of parents to direct the education and upbringing of their children.

HSLDA—and homeschooling freedom—is premised on the foundation that God-given, or fundamental rights, ensure this first freedom. Our U.S. Constitution was drafted by our Founders to limit the role of the federal government, and to leave fully protected every fundamental right, including the right of parents to direct the education and upbringing of their children.

That is why the U.S. Supreme Court ruled to protect parental rights in 1923 landmark case of Meyer v. Nebraska, then again in 1925 with the even more powerful decision of Pierce v. Society of Sisters, and yet again in 1972 with Wisconsin v. Yoder. HSLDA has compiled a list of cases protecting the right of parents to direct the education and upbringing of their children.

Nevertheless, as HSLDA has said before, Justice Scalia’s comments are deeply troubling. He has asserted this position since the Supreme Court’s 2000 decision in Troxel v. Granville. Justice Scalia’s comments show that homeschoolers—and every single family—cannot fear attacks on parental rights solely from the left, but also from the right.

In 2006, HSLDA Chairman and Co-Founder Mike Farris wrote a lengthy article about parental rights, Troxel, Justice Scalia’s position, and the growing threats to parental rights. We encourage you to read that article and to share it.

Justice Scalia’s recent comments are a sobering reminder that we do indeed need an amendment to the U.S. Constitution that enshrines the current Supreme Court precedent protecting parental rights in the black-and-white text of the U.S. Constitution. We encourage you to visit www.parentalrights.org to find out how you can get involved in this effort.

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If you or someone you know is not a member of HSLDA, will you consider taking a moment today to join or recommend us? Your support enables us to defend individual families threatened by government officials and protect homeschooling freedom for all. Join now >>