ADF Attorney Gregory S. Baylor writing at Speak Up Movement / University: “The Washington Post editorial board agrees with ADF that Arizona’s school choice tax credit is constitutionally permissible . . . The key line in the Post editorial: ‘The program is driven by a series of private choices that do not involve the government.’”
- Posted: 11/05/2010
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- Category: ADF in the News
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- Source: blog.speakupmovement.org
- Tags: ADF: Gregory S. Baylor, ADF: Media Clips, Alliance Defense Fund, Category: Religious Liberty, Topic: Education, Topic: Media, Topic: Parental Rights, Topic: School Choice, ZZ: Arizona Christian School Tuition Organization v. Winn, ZZ: Garriott v. Winn, ZZ: Winn v. Arizona Christian School Tuition Organization
OneNewsNow: “‘They had tried to argue that this was somehow government money,’ [ADF Attorney David Cortman] explains. ‘But, of course, the argument we made [was that] it was private people making private donations to private organizations — and simply because religious schools participate [in the program], it doesn’t violate the Constitution.’”
- Posted: 11/05/2010
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- Category: ADF in the News
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- Source: www.onenewsnow.com
- Tags: ADF: David Cortman, ADF: Media Clips, Alliance Defense Fund, Category: Religious Liberty, Topic: Education, Topic: Parental Rights, Topic: School Choice, ZZ: Arizona Christian School Tuition Organization v. Winn, ZZ: Garriott v. Winn, ZZ: Winn v. Arizona Christian School Tuition Organization
NPR reports High court weighs tax credit for religious schools: “Mr. PAUL BENDER: ‘Sixty-five percent of the whole program went out on the basis of religion. You get this scholarship only if you send your kid to the religious school that I designate.’ TOTENBERG: ‘But [David Cortman] of the Arizona Christian Schools Tuition Association disagreed.’ Mr. DAVID CORTMAN (Arizona Christian Schools Tuition Association): ‘Not a dime goes to any school, religious or secular, unless the parent decides, number one, that their child will attend that school; and number two, that they apply for a scholarship.’”
- Posted: 11/04/2010
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- Category: ADF in the News
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- Source: www.npr.org
- Tags: ADF: David Cortman, ADF: Media Clips, Alliance Defense Fund, Category: Religious Liberty, Topic: Education, Topic: Parental Rights, Topic: School Choice, ZZ: Arizona Christian School Tuition Organization v. Winn, ZZ: Garriott v. Winn, ZZ: Winn v. Arizona Christian School Tuition Organization
Marcia Coyle writing at The National Law Journal: “The Supreme Court, in separate arguments on Wednesday, waded into two difficult parts of the Constitution that traditionally have divided the justices: religion and preemption.”
- Posted: 11/04/2010
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- Category: Religious Liberty
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- Source: www.law.com
- Tags: Category: Bench and Bar, Category: Religious Liberty, Court: U.S. Supreme, Topic: Education, Topic: Parental Rights, Topic: School Choice, ZZ: Arizona Christian School Tuition Organization v. Winn, ZZ: Garriott v. Winn, ZZ: Winn v. Arizona Christian School Tuition Organization
Arizona Republic: “‘There is a very important philosophical point here,’ [Justice Alito] said sternly. ‘You think that all the money belongs to the government except to the extent that it deigns to allow private people to keep some of it’ . . . Outside the court, [David Cortman], a Georgia lawyer for the Arizona Christian School Tuition Organization, told reporters that the private-school tax credit is only one of many options Arizona offers to trim taxpayer debt. ‘It’s simply not the government’s money until you reach the bottom line of the tax form, and no sooner,’ he said.”
- Posted: 11/04/2010
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- Category: ADF in the News
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- Source: www.azcentral.com
- Tags: ADF: David Cortman, ADF: Media Clips, Alliance Defense Fund, Category: Religious Liberty, Topic: Education, Topic: Parental Rights, Topic: School Choice, ZZ: Arizona Christian School Tuition Organization v. Winn, ZZ: Garriott v. Winn, ZZ: Winn v. Arizona Christian School Tuition Organization
The Christian Century (RNS): “Is a state law that allows tax credits for donations to scholarship programs unconstitutional if most of the recipients attend religious schools? . . . The Alliance Defense Fund, which is representing the Arizona Christian School Tuition Organization in the case, said in a court filing that the percentage of religiously affiliated STOs in the program has dropped from 94 percent in 1998 to 67 percent in 2009.”
- Posted: 11/04/2010
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- Category: ADF in the News
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- Source: www.christiancentury.org
- Tags: ADF: Media Clips, Alliance Defense Fund, Category: Religious Liberty, Topic: Education, Topic: Parental Rights, Topic: School Choice, ZZ: Arizona Christian School Tuition Organization v. Winn, ZZ: Garriott v. Winn, ZZ: Winn v. Arizona Christian School Tuition Organization
ADF attorney David Cortman is featured in one of the podcasts. He provides an excellent overview of the litigation and its stakes.
- Posted: 11/03/2010
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- Category: Featured
- Tags: ADF: David Cortman, ADF: Media Clips, ADF: Multimedia, Alliance Defense Fund, Category: Religious Liberty, Topic: Education, Topic: Parental Rights, Topic: School Choice, ZZ: Arizona Christian School Tuition Organization v. Winn, ZZ: Garriott v. Winn, ZZ: Winn v. Arizona Christian School Tuition Organization
CBN News: “‘This program is important to the millions of Americans who support school choice across the country,’ [ADF Attorney David Cortman] said. ‘And Arizona is trying to increase their scores by giving parents a choice whether they want to go to public schools, charter schools or private schools, and this is just another prong in that.’” | Post includes video:
- Posted: 11/03/2010
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- Category: ADF in the News
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- Source: www.cbn.com
- Tags: ADF: David Cortman, ADF: Media Clips, Alliance Defense Fund, Category: Religious Liberty, Topic: Education, Topic: Parental Rights, Topic: School Choice, ZZ: Arizona Christian School Tuition Organization v. Winn, ZZ: Garriott v. Winn, ZZ: Winn v. Arizona Christian School Tuition Organization
Americans United for Separation of Church and State: “Remarkably, Acting Solicitor General Neal K. Katyal appeared before the justices to argue on behalf of the program. For some reason, the Obama administration thought it would be a good idea to join groups like TV preacher Pat Robertson’s American Center for Law and Justice, Jerry Falwell Jr.’s Liberty Counsel, the U.S. Conference of Catholic Bishops, the Christian Legal Society, the Alliance Defense Fund and others supporting this ill-conceived plan.”
- Posted: 11/03/2010
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- Category: Uncategorized
- Tags: ADF: Media Clips, Category: Religious Liberty, Group: Americans United for Separation of Church and State, Topic: Education, Topic: Parental Rights, Topic: School Choice, ZZ: Arizona Christian School Tuition Organization v. Winn, ZZ: Garriott v. Winn, ZZ: Winn v. Arizona Christian School Tuition Organization
ADF News Release: “Alliance Defense Fund Senior Counsel David Cortman will be available for media interviews following oral argument Wednesday at the U.S. Supreme Court in Arizona Christian School Tuition Organization v. Winn. ADF contends that the suit, filed by the American Civil Liberties Union, should be dismissed because the ACLU hasn’t proven that its clients have any legal standing to sue over someone else’s private donations.”
- Posted: 10/29/2010
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- Category: ADF in the News
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- Source: www.adfmedia.org
- Tags: ADF: David Cortman, ADF: Press Releases, Alliance Defense Fund, Category: Religious Liberty, Court: U.S. Supreme, State: Arizona, Topic: Education, Topic: School Choice, ZZ: Arizona Christian School Tuition Organization v. Winn
Diane Ravitch writing at The New York Review of Books: “Davis Guggenheim’s Waiting for ‘Superman’ . . . arrived in late September with the biggest publicity splash I have ever seen for a documentary . . . The message of these films has become alarmingly familiar: American public education is a failed enterprise. The problem is not money. Public schools already spend too much. Test scores are low because there are so many bad teachers, whose jobs are protected by powerful unions . . . The movie asserts a central thesis in today’s school reform discussion: the idea that teachers are the most important factor determining student achievement. But this proposition is false.”
- Posted: 10/22/2010
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- Category: Marriage & Family
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- Source: www.nybooks.com
- Tags: Category: Marriage and Family, Topic: Charter Schools, Topic: Education, Topic: School Choice
OneNewsNow: “A Swedish home-schooling family has been trying to get their son back from foster care since he was taken away by authorities more than a year ago, but an attorney for the family believes the courts have turned a deaf ear to their situation . . . [The Home School Legal Defense Association] and the Alliance Defense Fund have filed a lawsuit at the European Court of Human Rights, demanding justice for the family.”
- Posted: 10/20/2010
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- Category: ADF in the News
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- Source: www.onenewsnow.com
- Tags: ADF: Media Clips, Alliance Defense Fund, Category: Global, Country: Sweden, Court: European Court of Human Rights, Global: Marriage and Family, Global: Religious Freedom, Group: Home School Legal Defense Association (HSLDA), Topic: Education, Topic: Home School, Topic: School Choice, ZZ: Johansson v. Sweden
WorldNetDaily: “Roger Kiska, counsel in Europe for the ADF, said it appears simply to be an issue of state control over a family. ‘The opinions in the Johansson case reflect an underlying attempt by the Swedish state to conform Dominic to the bureaucrats’ image of a child, rather than respecting the right of the family and the parents, and even the right of the child to be with his family,’ he said in the HSLDA report.”
- Posted: 10/07/2010
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- Category: Featured
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- Source: www.wnd.com
- Tags: ADF: Media Clips, ADF: Roger Kiska, Alliance Defense Fund, Category: Global, Country: Sweden, Court: European Court of Human Rights, Global: Marriage and Family, Global: Religious Freedom, Group: Home School Legal Defense Association (HSLDA), Topic: Education, Topic: Home School, Topic: School Choice, ZZ: Johansson v. Sweden
HSLDA: “The Pettersson family (names changed to protect privacy) has been traveling across Europe for the last nine months, staying temporarily with relatives and living as visitors in foreign lands. Despite having submitted the appropriate paperwork to homeschool legally in Sweden, this family is one of many who have encountered persecution from the Scandinavian state heralded as a ‘social utopia.’ Now one year since their local school began to fight them tooth and nail simply for choosing to teach their children at home, this HSLDA member family has made the difficult decision to leave their homeland for good.”
- Posted: 10/06/2010
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- Category: Global: Religious Liberty
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- Source: www.hslda.org
- Tags: Category: Global, Country: Sweden, Court: European Court of Human Rights, Global: Marriage and Family, Global: Religious Freedom, Group: Home School Legal Defense Association (HSLDA), Topic: Education, Topic: Home School, Topic: School Choice, ZZ: Johansson v. Sweden
WorldNetDaily: “A family – exiled to live as visitors in foreign countries for nine months already – has decided to leave Sweden permanently because of the threat of government action against them over their choice to homeschool their children, according to a new report . . . The Johansson case was elevated to the European Court of Human Rights, where the HSLDA and the Alliance Defense Fund have applied for a hearing.”
- Posted: 10/06/2010
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- Category: ADF in the News
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- Source: www.wnd.com
- Tags: ADF: Media Clips, Alliance Defense Fund, Category: Global, Country: Sweden, Court: European Court of Human Rights, Global: Marriage and Family, Global: Religious Freedom, Group: Home School Legal Defense Association (HSLDA), Topic: Education, Topic: Home School, Topic: School Choice, ZZ: Johansson v. Sweden
ADF Attorney Gregory S. Baylor writing at Speak Up Movement / University: “As readers of this blog know, one of the primary threats to religious freedom in the U.S. right now is the application of religion and sexual orientation ‘non-discrimination’ rules to religious organizations . . . At first glance, the claims made in the Winn case seem to have little in common with these distressingly common assaults on associational freedom. However, upon closer inspection, the similarities emerge. In essence, the ACLU and its clients in the Winn case object to the exercise of religious associational freedom.”
- Posted: 09/30/2010
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- Category: ADF in the News
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- Source: blog.speakupmovement.org
- Tags: ADF: Gregory S. Baylor, ADF: Media Clips, Alliance Defense Fund, Category: Marriage and Family, Court: U.S. Supreme, State: Arizona, Topic: Education, Topic: School Choice, ZZ: Arizona Christian School Tuition Organization v. Winn
ADF Attorney David Cortman writing at Inside the Issues: “It has been ADF’s position throughout this case that the plaintiffs, whose sole basis for standing is that they are taxpayers, ‘suffer’ no personal injury. Plaintiffs only claim of injury is that the amount in the public treasury is lessened by the state allowing taxpayers to take tax credits for donations to private 501(c)(3) organization called STOs . . . Second, the ‘injury’ is hypothetical and speculative. It is just as likely, as the Supreme Court, has so held, that the purpose of tax breaks, such as tax credits and deductions, is to spur economic activity. Although less tax may be collected, it is often more than offset by other revenue creation.”
- Posted: 09/30/2010
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- Category: ADF in the News
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- Source: blog.telladf.org
- Tags: ADF: David Cortman, ADF: Media Clips, Alliance Defense Fund, Category: Marriage and Family, Court: U.S. Supreme, Topic: Education, Topic: School Choice, ZZ: Arizona Christian School Tuition Organization v. Winn
CNN / Belief Blog: “Welcome to homeschooling 2010. It’s no longer a solitary exercise for many parents– it’s communal. Many families are now sharing ideas about teaching and taking turns as teachers. In effect, they’re creating their own ‘shadow schools’ . . . According to the US Department of Education , 1.5 million children are taught by Mom and Dad. That’s up 74% since 1999 . . . Studies used to show that most parents decided to homeschool for religious reasons, but that’s not the case anymore. In a 2008 study, 36% of families listed religious and moral values as the main reason for homeschooling. But, another 38% said the primary reason they homeschool is because they don’t like the school environment or the way teachers teach—those numbers are also way up from a few years ago.”
- Posted: 09/21/2010
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- Category: Marriage & Family
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- Source: religion.blogs.cnn.com
- Tags: Category: Marriage and Family, Topic: Culture, Topic: Education, Topic: Home School, Topic: School Choice
The Washington Post / D.C. Schools Insider: “‘Yesterday’s election results were devastating, devastating,’ Rhee said. ‘Not for me, because I’ll be fine, and not even for Fenty because he’ll be fine, but devastating for the schoolchildren of Washington, D.C.’ . . . she said the takeaway from the D.C. election for education reformers was that it was time to become even more aggressive in the push for measures such as tougher teacher evaluations using test score data and performance-based pay.”
- Posted: 09/17/2010
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- Category: Marriage & Family
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- Source: voices.washingtonpost.com
- Tags: Category: Marriage and Family, Topic: District of Columbia, Topic: Education, Topic: School Choice, Topic: Unions
Struggling Middle Class: Merit-Based Scholarships Meet School Vouchers
Margaret E. Azhar, 24 Notre Dame J.L. Ethics & Pub. Pol’y 399 (2010)
“In this Note, I suggest a system of merit-based school vouchers to be used at primary and secondary schools in the same manner merit-based scholarships are currently used at colleges and universities. I believe such a system would be an ideal and workable solution to the increasing toll educational expenses are taking on the middle class.”
- Posted: 09/16/2010
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- Category: Marriage & Family
- Tags: Category: Marriage and Family, Topic: Education, Topic: Legal Periodicals, Topic: School Choice
Unchartered Territory: Market Competition’s Constitutional Collision with Entrepreneurial Sex-Segregated Charter Schools
David Groshoff, 2010 B.Y.U. Educ. & L.J. 307
“Due to the recent growth in sex-segregated charters, the welcoming political landscape that currently encourages their creation, and the lack of direction by the Supreme Court, this Article explores what happens when market competition and choice–generally regarded as innocuous principles supported by many individuals across the U.S. political spectrum–are (a) applied to education, (b) combined with empirical evidence of charter success in educating urban students, and (c) mixed with policy arguments that form the basis of sex-segregated charters. By attempting to navigate the scant potentially relevant guidance from the Court, the Article analyzes how sex-segregated charters, including those expressly authorized by state legislatures, may comport with Title IX of the Patsy Takemoto Mink Equal Opportunity in Education Act and the Equal Protection Clause of the U.S. Constitution. The Article concludes that despite the ostensibly benevolent goals of the educational entrepreneurs that create charters, many sex-segregated charters violate the law.”
- Posted: 09/15/2010
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- Category: Marriage & Family
- Tags: Category: Marriage and Family, Topic: Charter Schools, Topic: Education, Topic: Legal Periodicals, Topic: School Choice
Wendy Fritzen Hensel, Vouchers for Students with Disabilities: The Future of Special Education? (2010). Journal of Law & Education, Vol. 39, p. 291, 2010; Georgia State University College of Law, Legal Studies Research Paper Series No. 2010-11. Available at SSRN: http://ssrn.com/abstract=1652793
“The momentum toward vouchers has the potential to make a significant and lasting impact on the manner in which children with disabilities are educated in the United States. Because most states require students receiving vouchers to waive their rights under the IDEA as a condition precedent to receiving state money, this impact will be felt not only at the state level, but also on federal policy going forward.
This article explores the impetus behind the voucher movement, the parameters of existing legislation, the legality of voucher programs, and the corresponding public policy consequences which follow their adoption.”
- Posted: 09/14/2010
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- Category: Marriage & Family
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- Source: ssrn.com
- Tags: Category: Marriage and Family, Topic: Education, Topic: Legal Periodicals, Topic: School Choice
Leslie Jacobs, “After the Deluge, A New Education System,” Wall Street Journal (full text via Google News): “Five years ago yesterday, the levees broke. Hurricane Katrina flooded roughly 80% of this city, causing nearly $100 billion in damage . . . But from the flood waters, the most market-driven public school system in the country has emerged. Education reformers across America should take notice: The model is working . . . After Katrina . . . state officials took the bold step of creating a market-driven system of autonomous schools . . . Public officials dramatically expanded the number of charter schools in the city. Today close to 70% of children attend charters.”
- Posted: 08/30/2010
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- Category: Marriage & Family
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- Source: news.google.com
- Tags: Category: Marriage and Family, State: Louisiana, Topic: Charter Schools, Topic: Education, Topic: School Choice
Recognizing and Regulating Home Schooling in California: Balancing Parental and State Interests in Education
Paul A. Alarcón, 13 Chap. L. Rev. 391 (2010)
“Part I of this Comment summarizes the history of education in America discussing in particular the emergence of modern home schooling. Part II considers the conflict between the governmental and parental interests in education created by home schooling and provides an in-depth analysis of these dueling interests. Part III concludes with a proposal for enacting a home school exemption to California’s compulsory school attendance statute, a consideration of limitations adopted by other states, and a proposal for adopting two specific home schooling restrictions.”
- Posted: 08/26/2010
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- Category: Marriage & Family
- Tags: Category: Marriage and Family, State: California, Topic: Education, Topic: Home School, Topic: Legal Periodicals, Topic: Parental Rights, Topic: School Choice
OneNewsNow: “Just six days before school was to begin, the Idaho State Board of Education voted to uphold the closure of a charter school that tangled with officials over the use of the Bible in the classroom . . . [David Cortman] of the Alliance Defense Fund (ADF) says he is disappointed by the closure, ‘especially in light of the fact that the entire state’s educational system is undergoing a financial crisis.’ He does not think it was just for the board to take on the one school.”
- Posted: 08/24/2010
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- Category: ADF in the News
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- Source: www.onenewsnow.com
- Tags: ADF: David Cortman, ADF: Media Clips, Alliance Defense Fund, Category: Religious Liberty, State: Idaho, Topic: Charter Schools, Topic: Education, Topic: School Choice, ZZ: Nampa Classical Academy v Goesling
ADF Attorney Roger Kiska writing at The Christian Post / Advancing Religious Liberty: “A couple months ago in June, attorneys with the Alliance Defense Fund and the Home School Legal Defense Association filed Johansson v. Sweden with the European Court of Human Rights so that that the Swedish government will return a seven-year-old homeschooled boy to his parents. Dominic Johansson was forcibly seized by Swedish authorities from his parents in June 2009 after they had boarded a plane in their move to India. The reason? He was homeschooled . . . So, could Europe’s degree of intolerance and crackdown on homeschooling reach American shores anytime soon? It all depends on how vigilant we are in opposing decisions like the one in New Hampshire—and it’s precisely why ADF is fighting to protect parental rights in that case and abroad so that a very nasty cancer is not allowed to grow.
- Posted: 08/23/2010
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- Category: ADF in the News
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- Source: www.christianpost.com
- Tags: ADF: Media Clips, ADF: Roger Kiska, Alliance Defense Fund, Category: Global, Category: Marriage and Family, Category: Religious Liberty, Country: Germany, Country: Sweden, Global: Marriage and Family, Global: Religious Freedom, Group: Home School Legal Defense Association (HSLDA), Topic: Education, Topic: Home School, Topic: Parental Rights, Topic: School Choice, ZZ: Johansson v. Sweden
Race and Education at a Crossroads: How Parents Involved in Community Schools v. Seattle School District No. 1 and Wisconsin v. Yoder Shed Light on the Potential Conflict Between the Black Homeschooling Movement and K-12 Affirmative Action Programs
Consuelo Valenzuela Lickstein, 13 J. Gender Race & Just. 835 (2010)
“This Note analyzes the constitutional issues involved in the hypothetical described above. Part II.A discusses some of the reasons why black parents elect to homeschool their children. Parts II.B and II.C review the case law addressing a parent’s fundamental right to direct his or her child’s upbringing and diversity as a compelling state interest. Parts III.A and III.B set forth some of the arguments that the black parents who seek to homeschool their children and school district would make before the Supreme Court. Part III.C discusses how the Court is likely to analyze the arguments set forth by each party and predicts that the Court will rule in favor of the school district.”
- Posted: 08/23/2010
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- Category: Marriage & Family
- Tags: Category: Marriage and Family, Topic: Education, Topic: Home School, Topic: Legal Periodicals, Topic: Parental Rights, Topic: School Choice
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