The State of 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 for their children as an alternative to traditional classroom-based instruction. Families receive an account with state funds they can use to purchase curricula, materials, extracurricular activities, and individual classes at other schools, including private schools. The parents select the curriculum and teach their children, while the charter school provides support and confirms attendance records.
Due to state laws, however, the charter schools do not allow parents to use their fund to purchase curricula, materials, or classes if they are religious—or even from a religious publisher. Additionally, some schools enforce policies rejecting credit for coursework that originates from a religious curriculum or in which the student demonstrates a religious perspective.
The plaintiffs in this case—parents John and Breanna Woolard, Hector and Diana Gonzales, and Carrie Dodson—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. Each family enrolled their children in a charter school but has suffered adverse consequences. These schools have restricted parents’ use of funds to purchase curricula and other instructional materials on the basis of religion, and some refused to accept or award credit for student work samples that reflect a child’s religious perspective. The Dodson family was expelled from its charter school because they selected a religious curriculum.
The actions from the state derive from policies in California’s Blaine Amendment and statutory provisions enforcing it, which prohibit the public purchase of “sectarian” materials. However, 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. The Supreme Court has repeatedly noted that Blaine Amendments arose from anti-Catholic bigotry. The Supreme Court also made clear in Carson v. Makin that excluding families from educational benefits because of their religious choices is unconstitutional.
First Liberty Institute and King & Spalding LLP filed a federal lawsuit challenging this unconstitutional religious discrimination. After hearing the case in April 2024, a federal judge dismissed the lawsuit. Attorneys are appealing the case to the U.S. Court of Appeals for the Ninth Circuit claiming unconstitutional religious discrimination in violation of the Free Exercise Clause, and unconstitutional viewpoint discrimination in violation of the Free Speech Clause.
News Release
For Immediate Release: 10.24.24
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453
California Parents Appeal to the U.S. Ninth Circuit Challenging Religious Discrimination in California School Funding
Lower court dismissed the case stating there was no infringement of First Amendment rights when public funds were denied for homeschool families.
San Francisco, CA—First Liberty Institute and the law firm King & Spalding LLP filed their opening brief in an appeal to the United States Court of Appeals for the Ninth Circuit challenging California school policies that discriminate against families who choose faith-based curricula in charter schools’ parent-directed homeschool programs.
You can read the brief here.
“Our nation has a long tradition of respecting religion, not burying it,” said Ethan Davis, Partner at King & Spalding, pro bono counsel to the families challenging the discriminatory policies. “As the Supreme Court made clear in Carson v. Makin, when the government provides a benefit, like 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.”
The State of 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. Families receive access to state funds to choose curricula, other instructional materials, and extracurricular activities for their children. The parents select the curriculum and teach their children at home, while the charter school provides support and confirms attendance records.
Citing state laws, however, the charter schools refuse to allow parents to use those funds 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 plaintiffs in this case—parents John and Breanna Woolard, Hector and Diana Gonzales, and Carrie Dodson—are devout Christians who are raising school-age children and whose Christian faith is central to their identity and worldview. Educating their children in accordance with their faith, using curricula that comply with state educational standards, is of the highest importance to them. Each family 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.
The families filed a federal lawsuit in October 2023. A district court judge dismissed the lawsuit in June.
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact John Manning at media@firstliberty.org.
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CASE SUMMARY
PRESS RELEASES
LEGAL DOCUMENTS
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