Families, Schools, and Religious Freedom

Authors

Helen M. Alvaré, George Mason University

Abstract

Old and New Testament scriptures persistently point to human beings’ romantic and familial relationships according to Christian norms as means of glimpsing foundational religious beliefs about God’s identity, how God loves human beings, and how human beings are to love Him and one another. Christian families, therefore, are alarmed to witness public schools educating minors using normative materials directly opposing Christian norms, and doing so outside of courses subject to parental opt-ins or opt- outs. The Supreme Court has not weighed in on the precise question of parental rights respecting particular educational content of this type, but lower federal courts regularly uphold schools’ decisions against parents’ rights regarding both the free exercise of religion and the rearing of their own children. But these courts’ arguments get the balance of authority between parents and schools wrong. They offer sometimes duplicitous interpretations of schools’ activities, misunderstand existing Supreme Court precedent vindicating parents’ rights, and ignore the promise of religious values for promoting the goods that the state claims it is forwarding.

First Page

579

Recommended Citation

Helen M. Alvaré, Families, Schools, and Religious Freedom, 54 Loy. U. Chi. L. J. 579 (2023).
Available at: https://lawecommons.luc.edu/luclj/vol54/iss2/9