Plenary Session 3: A Discussion on the Right: Parental Rights in Education [ELPC 2024]

Next year marks a century since the Supreme Court concluded in Pierce v. Society of Sisters that the Due Process Clause of the Fourteenth Amendment guarantees to parents the right to direct the upbringing and education of their children. During the past several decades, however, the Court has declined to grant certiorari to review federal court of appeals decisions that have potentially weakened parental rights. More recently, in the wake of the COVID-19 pandemic, many parents have raised concerns that local school districts and school boards have implemented controversial policies regarding race and sex despite intense opposition from, and at times without the knowledge of, parents. This panel will consist of attorneys active in parental rights litigation discussing the state of the parental rights movement today, recent federal and state litigation on the issue, and the steps that legislatures might take to enshrine parental rights in law. The panel will also consider the tensions and pitfalls of bringing parental rights cases, as well as what the future has in store for Pierce as the case nears its centennial.

Featuring:

Luke Berg, Deputy Counsel, Wisconsin Institute for Law & Liberty
Vernadette R. Broyles, President, General Counsel, and Founder, Child and Parental Rights Campaign, Inc.
William Anthony Estrada, Senior Counsel, Home School Legal Defense Association
Thomas S. Vaseliou, Associate, Consovoy McCarthy PLLC
(Moderator) Ben Gibson, Partner, Shutts & Bowen LLP

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.