Background
After World War I, some states concerned about the influence of immigrants and "foreign" values looked to public schools for help. The states drafted laws designed to use schools to promote a common American culture.
On November 7, 1922, the voters of Oregon passed an initiative amending Oregon Law Section 5259, the Compulsory Education Act. The citizens' initiative was primarily aimed at eliminating parochial schools, including Catholic schools.
The Compulsory Education Act, prior to amendment, had required all Oregon children between eight and sixteen years of age to attend public school. There were several exceptions incorporated in this Act:
- Children who were mentally or physically unable to attend school
- Children who had graduated from eighth grade
- Children living more than a specified distance by road from the nearest school
- Children being home-schooled or tutored (subject to monitoring by the local school district)
- Children attending a state-recognized private school
The Act was amended by the 1922 initiative, which would have taken effect on September 1, 1926, eliminated the exception for attendees of private schools. Private schools viewed this as an attack on their right to enroll students and do business in the state of Oregon.
Two sorts of opposition to the law emerged. One was from nonsectarian private schools, such as the Hill Military Academy, were primarily concerned with the loss of their revenue. This loss was felt almost immediately, as parents began withdrawing their children from private schools in the belief that these would soon cease to exist. The other was from religious private schools, such as those run by the Society of Sisters of the Holy Names of Jesus and Mary, which were concerned about the right of parents to send their children to Catholic schools.
Read more about this topic: Pierce V. Society Of Sisters
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