Pierce v. Society of Sisters

268 U.S. 510, 45 S. Ct. 571, 69 L. Ed. 1070, 1925 U.S. LEXIS 589
CourtSupreme Court of the United States
DecidedJune 1, 1925
Docket583, 584
StatusPublished
Cited by2,926 cases

This text of 268 U.S. 510 (Pierce v. Society of Sisters) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pierce v. Society of Sisters, 268 U.S. 510, 45 S. Ct. 571, 69 L. Ed. 1070, 1925 U.S. LEXIS 589 (1925).

Opinion

Mr. Justice McReynolds

delivered the. opinion of the Court.

These appeals are from decrees, based upon undenied allegations, which granted preliminary orders restraining *530 appellants .from threatening or attempting to enforce the Compulsory Education Act * adopted November 7, 1922, under the initiative provision of her Constitution by the voters of Oregon. Jud. Code, § 266. They present the same points of law; there are no controverted questions of fact. Rights said to be guaranteed by the federal Constitution were specially set up, and appropriate prayers asked for their protection.

The challenged Act, effective September 1, 1926, requires every parent,, guardian or other person having control or charge or custody of a child between eight and sixteen years to send him “to a public school for the period of time a public school shall be held during the current year” in the district where the child resides; and failure so to do is declared a misdemeanor. There are *531 exemptions — not specially important here — for children who are not normal, or who have completed the eighth grade; or who reside at considerable distances from any public school, or whose parents or guardians hold special permits from the County Superintendent. The manifest purpose is to compel general attendance at public schools by normal children, between eight and sixteen, who have not completed the eighth grade. And without doubt enforcement of the statute would seriously impair, perhaps destroy, the. profitable features of appellees’ business and greatly diminish the value of their property.

Appellee, the Society of Sisters, is an Oregon corporation, organized in 1880, with power to care for orphans, educate and instruct the youth, establish and maintain academies or schools, and acquire necessary real and per *532 sonal property. It has long deyoted its property and effort to the secular and religious education and care of children, and has acquired the valuable good will of m&ny parents and guardians. It cónducts interdependent primary and high schools arid junior colleges, and maintains orphanáges for the custody and control of children between eight ,and sixteen. In its primary schools many children between those ages are taught the subjects usually pursued in Oregon public schools during the .first eight years. Systematic religious instruction and moral training according to the tenets of the Roman Catholic Church are also regularly provided. All courses of study, both temporal and religious, contemplate continuity of training, under appellee’s charge ; the primary schools are essential to the system and the most profitable. It owns valuable buildings, especially constructed and equipped, for school purposes. The business is.remunerative^-the annual income from primary schools exceeds thirty thousand dollars — and the successful conduct of this requires long timé contracts with teachers and parents. The Compulsory. Education Act of 1922 has already caused the withdrawal from its schools of-children who would otherAvise continue, and their income has steadily- declined. The appellants, public officers, have proclaimed their purpose strictly to enforce, the statute.

After setting out the above facts the Society’s bill alleges that the enactment conflicts with the right of parents to choose schools where their children will receive appropriate mental and religious training, the right of the child to influence the parents’ choice of a school, the right of schools and teachers therein to engage in a useful business or profession, and is accordingly repugnant to the Constitution and void. And, further, that unless enforcement of the measure is enjoined the corporation’s business and property will suffer irreparable injury.

Appellee, Hill Military Academy, is a private corporation organized in 1908 under the laws of Oregon, engaged *533 in owning, operating and conducting for profit an elementary, college preparatory and military training school for boys between the ages of five and twenty-one years. The' average attendance is one hundred, and the annual fees received ’for each student amount to some eight hundred dollars. The elementary department is divided into eight grades, as in the public schools; the college preparatory department has four grades, similar to those of the public high schools; the courses of study conform to the requirements of the State Board of Education. Military instruction and training are also given, under the supervision of an Army officer. It owns considerable real and personal property; some useful only for school purposes. The business and incident good will are very valuable. In order to conduct its affairs long time contracts must be made for supplies,, equipment, teachers and pupils. Appellants, law officers of the State and County, have publicly announced that the Act of November 7, 1922, isvalid and have declared their intention to enforce it. By reason of the statute and threat of enforcement appellee’s business is being destroyed and its property, depreciated; parents and guardians are refusing to make contracts for the future instruction of their sons, and some are being withdrawn.

The Academy’s bill states the foregoing facts and then alleges that the challenged Act contravenes the corporation’s rights guaranteed by the Fourteenth Amendment and that unless appellants are restrained from proclaiming its validity and threatening to- enforce it irreparable injury will result. The prayer is for an appropriate injunction.

No answer was interposed in either cause, and after proper notices they were heard by three judges (Jud. Code § 266) on motions-for preliminary injunctions upon the specifically alleged facts. . The court ruled that, the Fourteenth Amendment guaranteed appellees against the *534 deprivation of their property without due process of law consequent upon the unlawful interference by appellants with the free choice of patrons, present and prospective. It declared the right to conduct schools was property and that parents and guardians, as a part of their liberty, might direct the education of children by selecting reputable teachers and places. Also, that these schools were not unfit or harmful to the public, and that enforcement-of the challenged statute would unlawfully deprive them of patronage and thereby destroy their owners’ business and property. Finally, that the threats to enforce the Act would continue to cause irreparable injury; and the suits were not- premature.

No question is raised concerning the power of the State reasonably to- regulate all schools, to inspect,., supervise and examine them, their teachers and pupils; to require that all children of proper- age attend some school, that teachers shall' be of good moral character and patriotic disposition, that certain studies plainly essential to- good citizenship must be taught, and that nothing be taught which is manifestly inimical to the public welfare.

The inevitable practical result of enforcing the Act under consideration would be destruction of appellees’ primary schools, and perhaps all other private primary schools for normal children within the State of Oregon.

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Bluebook (online)
268 U.S. 510, 45 S. Ct. 571, 69 L. Ed. 1070, 1925 U.S. LEXIS 589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierce-v-society-of-sisters-scotus-1925.