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March 16 & 17
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1925
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June 1
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1925
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Pierce v Society of Sisters of the Holy Names of Jesus and Mary
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268 US 510 45 SCt 571 69 LEd 1070 39 ALR 468
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296 F 928 ( D Ore 1924)
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The Oregon Compulsory Education Act that required attendance at public schools was held unconstitutional under the Due Process Clause of the Fourteenth Amendment
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1925-1930
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McReynolds
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''unanimous''
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Compulsory Education Act (Act), 1922 Or Laws § 5259 US Const amend XIV
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'', , was an early
20th Century United States Supreme Court decision which significantly expanded coverage of the
Due Process Clause in the
Fourteenth Amendment To The United States Constitution . The case has been cited as a precedent in over 100 Supreme Court cases, including ''
Roe V. Wade '', , as well as in more than 70 cases in the
United States Courts Of Appeals .
On
7 November 1922 , the voters of
Oregon passed a
Referendum amending Oregon Law Section 5259, the Compulsory Education Act. The referendum was primarily aimed at eliminating
Parochial School s, including Catholic schools. Many Protestants felt that religious schools prevented assimilation. Howard, J. Paul.
"Cross-Border Reflections, Parents’ Right to Direct Their Childrens’ Education Under the U.S. and Canadian Constitutions" , ''Education Canada'', v41 n2 p36-37 Sum 2001.
The Compulsory Education Act, prior to amendment, had required all Oregon children between eight and sixteen years of age to attend
Public School . There were several exceptions incorporated in this Act:
#Children who were mentally or physically unable to attend school
#Children who had graduated from eighth grade
#Children living more than a specified distance by road from the nearest school
#Children being
Home-schooled or
Tutor ed (subject to monitoring by the local
School District )
#Children attending a state-recognized
Private School
