home

= Pierce vs. The Society of Sisters =


 * The facts:** The Supreme Court case Pierce vs. Society of Sisters of the Holy Names of Jesus and Mary (and the Hill Military Academy) was heard in March, 1925. Prior to its hearing, the citizens of Oregon passed an initiative amending the Compulsory Education Act, which required all children between the ages of 8 and 16 to attend public school. The Act had five exceptions:
 * 1) Children who were mentally or physically unable to attend school
 * 2) Children who had graduated from eighth grade
 * 3) Children living more than a specified distance by road from the nearest school
 * 4) Children being home-schooled or tutored (subject to monitoring by the local school district)
 * 5) Children attending a state-recognized private school

The intitiative, which was heavily supported by the Ku Klux Klan and the Oregon Scottish Rite Masons, sought to remove the exception of children attending a state recognized private school. The large Protestant population of Oregon felt that parochial schools, specifically Catholic schools, forced children to be separated religiously and prevented them from assimilating into society. Fears surrounding the Bolshevik Revolution and the large number of immigrants entering the country influenced voters to give power to the state, and assist the state in mandating assimilation through public education. The Society of Sisters and Hill Military Academy separately sued Walter Pierce, the governor of Oregon, Isaac H. Van Winkle, the state attorney general, and Stanley Myers, district attorney of Multnomah County, where both the Society and the Academy were headquartered. Both cases were heard at the same time, but the schools sued along different lines. The Society of Sisters alleged that the new Compulsory Education Act infringed upon the rights of parents to choose a school or religion for their child, the right of the child to influence their parent's choice, and the right of the teachers and the schools to engage in a business or profession. In addition, they sued that the law would destroy their ability to function as a business. The Hill Military Academy's claim was that they owned considerable real estate and property which could only be used for educational purposes, and that in order to function, they were required to enter into long term contracts with teachers, suppliers, and students. The initiative sought to ruin their business and depreciate their assets which were protected by the 14th Amendment. The schools won their case in front of the Oregon District Court, which granted an injuction to stop the Act, but the final decision on the legality of the issue was left to the Supreme Court.


 * The issue:** Did the Act violate the right of parents to direct the education of their children?


 * The courts' decision:** Yes. In a 9 - 0 decision, the court held that "the fundamental liberty upon which all governments in this Union repose excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only."

[|Catholic Schools: Our Story, Our Heritage] [|Right-To-Die Article]
 * The implications:** There are several and they are far-reaching. This decision began a period of a more liberal interpretation of due process. Before this decision, due process was applied to protect the rights and property of individuals only. The Supreme Court admitted that its' decision had expanded the list of rights that the fourteenth amendment protected, and had allowed it to apply to more than just individuals; meaning businesses and corporations. This case also stated that the rights of parents to direct the education of their children overshadows the power of the state to do the same. It has been cited in Supreme Court cases involving the right to marry, have children, marital privacy, abortion and many others. Recently, Pierce vs. Society of Sisters was introduced in a hearing arguing an individual's right to die, although unsuccessfully.


 * For teachers:** In Pierce vs. Society of Sisters, the Supreme Court ruled that the State of Oregon could not eliminate private schools, but that states did have the power to regulate any educational institution. States were given the power to direct curriculum, regulate accreditation, and develop systems of certification for teachers. All of these differ state to state, with federal regulation having little to do with what is taught, or who is eligible to teach. The opportunity for an instructor to teach extends only as far as their ability to meet individual state requirements, and their curriculum is subject to similar standards.

1. [] 2. [] 3. []**
 * Resources: