Natural and Primary Rights of Parents

PIERCE v. SOCIETY OF SISTERS

Facts:

Appellees, Society of Sisters and Hill Mary Academy, were two non-public schools, obtained preliminary
restraining orders prohibiting appellants from enforcing Oregon’s Compulsory Education Act. The Act required
all parents and guardians to send children between 8 and 16 years to a public school. The appellants appealed
the granting of the preliminary restraining orders

Issue:

WON the Oregon Compulsory Act is constitutional since it was enacted to promote quality education.

Ruling:

NO.

While the state has the right to insure that children receive a proper education, the 14th Amendment provides
parents and guardians with a liberty interest in their choice in the mode in which their children are educated.

The U.S. Supreme Court ruled that an Oregon law requiring children to attend public schools was
unconstitutional. In its decision, the court upheld the right of parents to make educational decisions on behalf
of their children while acknowledging the states’ right to regulate education, even in nonpublic schools.