Pierce v. Society of Sisters

Supreme Court of the United States · 1925 · Family Law

268 U.S. 510 (1925)

Updated August 1, 2026

parental rightseducationFamily Lawsubstantive due processparental libertyprivate schoolscompulsory educationFourteenth Amendment

Facts

Oregon enacted a law requiring parents and guardians to send children ages eight to sixteen to public school, subject to limited exemptions, with the law to take effect in 1926. The Society of Sisters and Hill Military Academy operated private schools in Oregon, owned valuable school property, relied on long-term contracts, and alleged that enforcement of the Act had already caused withdrawals of students and declining income. The schools alleged that the Act would destroy or seriously impair their businesses and property by compelling attendance at public schools only. State officers publicly declared their intention to enforce the statute.

Issue

Whether Oregon may, consistently with the Fourteenth Amendment, require children to attend public schools only, thereby effectively destroying private primary schools and unreasonably interfering with the liberty of parents and guardians to direct the upbringing and education of their children. Also, whether the private school corporations could seek equitable relief to protect their business and property from that threatened enforcement.

Rule

A state may reasonably regulate schools, require that children attend some school, and impose standards for teachers and curriculum, but it may not, under the Fourteenth Amendment, unreasonably interfere with the liberty of parents and guardians to direct the upbringing and education of children under their control. Rights guaranteed by the Constitution may not be abridged by legislation that has no reasonable relation to some purpose within the competency of the state.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Colorado enacts a statute requiring every child ages seven to fifteen to attend school each year, but it allows attendance at either public schools or licensed private schools. The law also requires all schools to teach civics, reading, writing, and arithmetic, and to employ teachers of good moral character.

If challenged under the Fourteenth Amendment liberty principle recognized by the Court, how is the statute most likely to be treated?

Explanation. The Court recognized broad state power to require children of proper age to attend some school and to regulate schools through inspection, supervision, teacher qualifications, and essential studies. What the Constitution forbids is an unreasonable interference with parents' and guardians' liberty by forcing children to accept instruction from public teachers only. This statute leaves parents free to choose licensed private schools, so it bears a reasonable relation to a permissible educational purpose.