Pierce Vs.

Society of Sisters, 262 US 510, 01 June 1925

FACTS:

On 07 November 1922, the voters in Oregon passed a Compulsory Education Act initiative. All
children between the ages of eight and sixteen were required to attend public school. Meanwhile,
children who were mentally disabled, lived three miles from the nearest road and had already
completed the eight grade were excluded from attending school. Incompliance of the parents entails a
fine and 30 days stay in jail.

The Society of Sister was an Oregon corporation, with the power to care for orphans, educate
and instruct the youth, establish and maintain academies or schools and acquire necessary real and
personal property.

Provisions of the Compulsory Education Act was conflicting with the right of parents to choose
schools where their children will receive appropriate mental and religious training and the right of
schools and teachers to engage in a useful business or profession

Issue:

Whether or not the Act unreasonably interfered with the liberty of the parents and guardians to
direct the upbringing and education of children under their control.

Ruling:

Yes. A state law that requires all children in the first eight grades to attend public rather than
private or parochial schools violates the 14 th Amendment due process guarantee of personal liberty.
Implicit in this liberty is the right of parents to chooses the kind of education they want for their
children.