Sen. Budd Files Amicus Brief Defending Rights Of Homeschool Parents To Choose Religious-Based Curriculum

This week, United States Senator Ted Budd (R- North Carolina) filed an amicus brief encouraging the Supreme Court to reverse a lower court’s decision, which wrongly ruled that homeschool independent-study programs are public school programs. The brief defends homeschooling parents’ rights by reinforcing a common-sense principle: parents are not state actors. It also makes clear that neutral government programs can support parents’ choice of faith-based curriculum while remaining consistent with the Constitution and our nation’s history. 

Excerpts from the amicus brief are below, and the full text of the brief can be viewed HERE. 

“As part of California’s publicly funded independent-study programs, parents can teach their own children in their own homes with limited oversight from a private, nonprofit corporation operating a charter school. And subject to general state standards, parents can choose any curriculum they want for their homeschooling—with one exception: religion. That overt discrimination—which Respondents say is required by California’s Blaine Amendment—clearly violates the Constitution. And it is preposterous to say, as did the Ninth Circuit, that homeschooling parents are actually state actors. 

“This Court has “repeatedly held that a State violates the Free Exercise Clause when it excludes religious observers from otherwise available public benefits” and programs. … 

“To get around that blatant constitutional violation, the Ninth Circuit deemed the homeschool independent-study programs public. In other words, homeschooling parents are state actors. But that’s egregiously wrong. This case presents an easy question: whether parents who teach their own children in their own homes based on curriculum they select speak and act as the government. Both case law and common sense dictate that the answer is no.” 

U.S. Senators Jim Banks (R-Ind.), Ted Cruz (R-Texas), Steve Daines (R-Mont.), Cindy Hyde-Smith (R-Miss.), Jim Justice (R-W.Va.), John Kennedy (R-La.), James Lankford (R-Okla.), Mike Lee (R-Utah), Roger Marshall (R-Kan.), Pete Ricketts (R-Neb.), Jim Risch (R-Idaho), and Tim Sheehy (R-Mont.) joined in filing the amicus brief.