Where did the foundational ideas supporting the legality of homeschooling come from? HSLDA Senior Counsel Will Estrada explores this question in the most recent edition of the Liberty University Law Review.

Drawing from his experience as former president of ParentalRights.org, he looks at how modern homeschooling is founded on ancient principles regarding the nature of the family—especially the bond between parents and children.

The article is aptly titled, “Homeschooling in the United States: A Seismic Parental Rights Victory.” Homeschooling is now an enduring institution in the United States, thanks to wins in the courts and legislatures over the past 40 years.

But laws and trends in how they are interpreted do not arise without precedent. These must be rooted in principles deeper than election-cycle politics or jurists’ musings. Estrada examines how laws regulating home education derive from an even more essential aspect of governance—respecting and protecting the family.

God-Given Principles

Estrada’s research is fascinating in its own right. But it also serves as a testimony to how HSLDA’s legal staff is dedicated to and well-versed in the practice of homeschooling jurisprudence.

“Like all our attorneys,” said HSLDA President Jim Mason, “Will Estrada’s commitment to defending homeschool freedom runs deep. He’s a homeschool graduate, and along with his wife homeschools their two sons. He brings this passion for homeschooling to his work on behalf of all our members.”

So just what are Estrada’s findings?

He begins by considering how parental rights and responsibilities are described by the Abrahamic religions—Judaism, Christianity, and Islam. These faiths insist that the family structure was ordained by the very creator of humankind, who also empowered parents as the primary agents for providing care and education to their offspring.

He then cites Mary Rice Hasson in explaining how these religious precepts transcend civic oversight: “Parental authority precedes the state; that is, the state neither grants nor delegates authority to parents over their children. Parents possess this authority simply by virtue of being parents.”

Landmark Cases

Estrada goes on to show how this principle has informed laws throughout history, especially in its influence on key US Supreme Court rulings that provide a legal basis for modern homeschooling.

Some of these include:

  • Myer v. Nebraska: This 1923 ruling overturned a state law that prohibited teaching in any language other than English. Significantly, the majority opinion noted “it is the natural duty of the parent to give his children education suitable to their station in life.”
  • Pierce v. Society of Sisters: This 1925 decision struck down a state law requiring all students to attend public schools. In explaining its rationale, the court declared: “The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.”
  • Parham v. J.R.: In this 1979 case the high court weighed in on objections to the state of Georgia’s process for parents to commit their children to mental hospitals. Though recognizing that safeguards against abuse were merited, the court stated: “The law’s concept of the family rests on a presumption that parents possess what a child lacks in maturity, experience, and capacity for judgment required for making life’s difficult decisions. More important, historically it has recognized that natural bonds of affection lead parents to act in the best interests of their children.”

Vigilance Needed

Taken together, these and other rulings have established that parental rights are fundamental. As such, the rights of parents cannot be curtailed by the government except in the most compelling of circumstances.

And though the recognition of these rights laid the groundwork for legalizing homeschooling across America, Estrada warns that this state of affairs cannot be taken for granted.

He concludes: “It is incumbent on those who love freedom and who respect the history and tradition (as well as the pure beneficence to children, families, and society) of parental rights, to continue to press forward to advance the freedom and liberty of parents.”