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Pierce v. Society of Sisters of the Holy Names of Jesus and Mary

United States District Court for the District of Oregon · 1925 · Civil Procedure

Civil ProcedureConstitutional LawPropertyInjunctionsDue ProcessPolice PowerPrivate SchoolsParental Rights

Facts

The complainants operated parochial and private schools that taught grammar grades. A state act, though not yet effective for more than two years, would make it unlawful for parents and guardians to send children of school age to those schools rather than public schools. The schools alleged that the statute was already causing loss of patronage because parents were planning ahead and shifting children in anticipation of the act. The complainants claimed the law would destroy their occupations, render their school property useless for its intended purpose, and deprive them of property without due process of law.

Issue

Whether equity could grant present injunctive relief against a not-yet-effective state statute where the complainants alleged ongoing and accelerating loss of patronage and threatened destruction of their schools, and whether the state, under its police power, could require attendance at public schools in a way that effectively eliminates parochial and private schools from teaching grammar grades.

Rule

Corporations are protected by the Fourteenth Amendment against deprivation of property without due process and denial of equal protection. Equity may restrain state officers from enforcing a state law that contravenes the federal Constitution when necessary to protect property rights and personal rights from irreparable injury and when there is no plain, speedy, and adequate remedy at law. Although the state may regulate schools under its police power for public welfare, it may not arbitrarily or unreasonably destroy lawful private and parochial school operations or interfere with the corresponding privilege of parents to engage such schools for grammar-grade instruction.

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

The legislature of Ohio enacts a statute providing that, beginning in 30 months, all children ages 6 through 13 must attend district-run elementary schools. Riverview Academy, a private grammar school in Columbus, alleges that families have already withdrawn younger siblings and canceled future enrollments, causing a steady drop in tuition revenue and leaving its classroom building likely useless for its intended purpose.

If Riverview Academy seeks an injunction now against the state education commissioner, what is the strongest argument for equitable relief?

Explanation. Equity may restrain state officers from threatened enforcement of a state law that contravenes the federal Constitution when necessary to protect property rights from otherwise irremediable injury and no plain, speedy, and adequate remedy at law exists. The majority emphasized that a complainant need not await consummation of threatened injury, especially where patronage is already being lost and the injury is continuous, accelerating, and destructive of the business and school property.