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California Parents Ask Ninth Circuit to Stop Religious Discrimination in Homeschool Funding Program

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June 4, 2025

News Release
 For Immediate Release: 6.4.25
 Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453 

California Parents Ask Ninth Circuit to Stop Religious Discrimination in Homeschool Funding Program

Supreme Court precedent clearly states that families cannot be excluded from public funds because of religious beliefs.

Pasadena, CA—First Liberty Institute and the law firm King & Spalding LLP presented oral argument today in the U.S. Court of Appeals for the Ninth Circuit challenging California policies that discriminate against families who choose faith-based curricula in publicly funded homeschool programs.

The State of California authorizes the creation of tuition-free charter schools. Some offer “independent study” programs of private choice that homeschool families may use as alternatives 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.

“We hope the Court recognizes our nation’s long tradition of respecting religion and applies First Amendment principles that prohibit singling religion out for disfavor,” said Alexander Kazam, Partner at King & Spalding, arguing the case pro bono on behalf of the homeschool families. “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 Supreme Court has long recognized the constitutional principle that parents have a right to direct the religious upbringing of their children,” said Kayla Toney, Counsel for First Liberty. “Excluding families from educational benefits because of their religious choices is not only wrong, it’s unconstitutional.”

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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 or by calling 972-941-4453.

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