The Sixth Circuit issued a 2-1 decision in Barrett v Steubenville City Schools (No. 03-4373; November 15, 2004). The panel–faced with a challenge by a public school teacher who sent his children to Catholic schools–reaffirmed that parents have a constitutionally protected liberty interest in raising and directing the education of their children.
Judge Keith writes (excerpt):
Here, the district court correctly determined that the right to direct the education of one’s child was clearly established. Both the Supreme Court and this court have repeatedly recognized that parents have a fundamental right to raise their children, including directing their children’s education. See, e.g., Meyer v. Nebraska, 262 U.S. 390, 400 (1923) (recognizing the right of “the parent to give his children education suitable to their station in life�); Pierce v. Society of Sisters, 268 U.S. 510, 534-35 (1925) (striking down state law that required parents to send their children to a public school for a period of time because it “unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control�); Wisconsin v. Yoder, 406 U.S. 205, 232 (1972) (finding that “primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American
tradition�); Zelman v. Simmon-Harris, 536 U.S. 639, 680 n.5 (2002) (Thomas, J., concurring) (emphasizing that “[t]his Court has held that parents have the fundamental liberty to choose how and in what manner to educate their children�); Ohio Ass’n of Indep. Sch. v. Goff, 92 F.3d 419, 422 (6th Cir. 1996) (recognizing that because parents have a constitutional right “to direct their children’s education,� organization has standing to bring claim on behalf of parents); Johnson v. City of Cincinnati, 310 F.3d 484, 449 (6th Cir. 2002) (stressing that “[b]oth Supreme Court precedent and our national tradition suggest that a family member’s right to participate in child rearing and education is one of the most basic and important associational rights protected by the Constitution�). More specifically, the Supreme Court has also indicated that “parents have a constitutional right to send their children to private schools and a constitutional right to select private schools that offer specialized instruction . . . .� Runyon v. McCrary, 427 U.S. 160, 178
(1976). Thus, it is clearly established that parents have a fundamental right to direct the education of their children.