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Charles J. Russo, Joseph Panzer Chair in Education and Research Professor of Law, University of Dayton

100 years ago, the Supreme Court made a landmark ruling on parents’ rights in education – today, another case raises new questions

A selection of books that are part of the Supreme Court case Mahmoud v. Taylor are pictured on April, 15, 2025, in Washington. AP Photo/Pablo Martinez Monsivais

A century ago, the Supreme Court handed down one of its most important cases about education. On June 1, 1925, the court struck down an Oregon statute requiring all students to attend public school – a law critics argued was meant to limit faith-based schools, at a time when anti-Catholic bias was still common in parts of the United States.

The majority opinion in Pierce v. Society of Sisters of the Holy Name of Jesus and Mary included a now-famous dictum about parents’ rights to shape their children’s upbringing. According to the court, “the child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.”

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