by Jorge Gomez • 3 minute
First Liberty recently filed an appeal at the U.S. 9th Circuit Court of Appeals challenging California school policies that discriminate against families who choose a religious curriculum in charter schools’ parent-directed homeschool programs. We filed the brief alongside volunteer attorneys at King & Spalding.
We’re representing three families in the Golden State. Parents John and Breanna Woolard, Hector and Diana Gonzales, and Carrie Dodson all educate their children with the help of public charter schools. All are devout Christians who are raising school-age children and whose Christian faith is central to their identity and worldview. Instilling that faith in their children, including through their education, is of the highest importance to them.
California authorizes the creation of tuition-free charter schools under the jurisdiction of local school districts. Some of these charter schools offer “independent study” programs that families may elect to use as an alternative to traditional classroom-based instruction.
Through these programs, families receive access to state funds to choose curricula, other instructional materials and extracurricular activities for their children. The parents select the coursework and teach their children in their own homes, while the charter school provides support and confirms attendance records.
But our clients were told they can’t use the funds for religious education. The state charter schools refuse to allow parents to purchase curricula or school materials if they are religious. Additionally, the schools refuse to issue credit for coursework that originates from a religious curriculum, a religious publisher, or reflects a religious perspective.
The Woolard, Gonzales, and Dodson families enrolled their children in a charter school’s independent study program. But each faced anti-religious discrimination, including being denied the right to use high-quality curricula that comport with California state standards, simply because they reflect a faith-based worldview. The Dodson family was even expelled from its charter school because the family chose a religious curriculum, despite the student’s excellent academic performance up to that point.
We filed a federal lawsuit last fall against the California Department of Education. A federal district court judge dismissed the case in June.
Now, we’re asking the 9th Circuit to reverse that lower-court decision. We argue that the state cannot punish or single out families because they choose to follow a religious curriculum. In our landmark Carson v. Makin decision, the U.S. Supreme Court made clear that when the government provides a publicly available benefit, such as parent-directed educational funding, it cannot exclude families just because they choose to use that benefit for a religious education.
“The U.S. Department of Education has long recognized the constitutional principle that public schools cannot reject a student’s work just because that student speaks from a religious viewpoint,” said Camille Varone, associate counsel for First Liberty. “These families love the opportunities that these charter schools provide to educate their own children in their own homes in a way that fits the families’ needs.”
Our clients should be treated the same as everyone else. Religious families should never be treated like second-class citizens.
The Woolard, Gonzales, and Dodson families need your support now more than ever. They can’t do it alone. We’re asking you to join us—and them—in this legal battle.
These families are just like yours. Just like mine. They simply want what’s best for their kids. But the state keeps getting in their way and mistreating them.
We need your help to win this case. This wouldn’t just be a victory for three families in California. It would be a WIN FOR YOU. For your family and millions of families and religious schools across America.
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