Robert P. George at AEI:
The progressive approach’s concrete implications—and perhaps indicative of the true intentions all along of some of those seeking to curtail parental rights—can be observed in recent efforts by progressive activists to erode parents’ control over children’s education in order to convert their children to social progressivism. Consider, for example, the recently argued US Supreme Court case Mahmoud v. Taylor, in which progressive activists asked the Court to uphold a decision by Montgomery County, Maryland’s public school system banning parents from opting their children out of programs promoting LGBTQ ideology at the pre-K and elementary school level....
The Supreme Court is, I believe, likely to side with the parents in Mahmoud and reaffirm that our Constitution protects not only the free-exercise rights of parents and their children, but also, and relatedly, the fundamental right of parents to direct the upbringing and education of their children. This is because the United States has a long tradition of articulating and upholding the natural law account of parental rights within our constitutional order. Indeed, beginning with the landmark case Pierce v. Society of Sisters, whose one-hundredth anniversary we celebrate this year, we can trace in our constitutional order an essentially unbroken line of efforts to uphold the natural law account of parental rights against myriad efforts to undermine it.
Pierce concerned a statute enacted by Oregon that sought to compel all children, including those enrolled in what had been state-recognized private schools, to attend public schools. The bill was aggressively promoted by the Ku Klux Klan. Its principal targets were Catholic parochial schools—many supporters of the law, such as Oregon’s Democratic governor Walter Pierce, hoped to see Catholic schools shut down and the children who would have attended those schools, many of them immigrants themselves or from immigrant families, incorporated into the dominant Anglo-Protestant culture through compulsory public education. Writing for a unanimous court, Justice James Clark McReynolds held that the law “unreasonably interfere[d] with the liberty of parents and guardians to direct the upbringing and education of children,” adding that “The child is not the mere creature of the State.”
