June 1, 2025, marked the 100th anniversary of the United States Supreme Court’s ruling in Pierce v. Society of Sisters– effectively the first victory of America’s school choice movement.
In 1922, the voters of Oregon had passed a ballot proposition, Measure 6, which required public school attendance for school age students, creating fines and jail sentences for non-compliance. Supported by the Ku Klux Klan and other nativist groups, the measure passed by a margin of 53% in favor, 47% opposed. Measure 6 took effect in 1926, but in the meantime, the Society of Sisters of the Holy Names of Jesus and Mary took the state of Oregon to court.
The Klan wanted all Oregon children to attend public schools so that they would be educated in a Klan-approved way in the hope of turning immigrant children into what the Klan considered “real Americans.” Wait…oh dear…hold on…I have a bucket and a towel for you…
When your retching subsides, do keep reading, as this story has a happy ending! The United States Supreme Court ruled unanimously in favor of the Society of Sisters and against the 53% of Oregon voters who endorsed illiberalism. The unanimous ruling read:
The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.
One hundred years on, the education freedom movement owes a great debt to the Society of Sisters. We should, like the court, oppose any general power of the state to standardize children. Families should have the right to opt between a broad universe of meaningfully diverse schools and educational methods. People can voluntarily adopt standards as a part of selecting schools and service providers.
A century after Pierce vs. Society of Sisters, we have a great deal of work ahead of us.
