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Pierce v. Society of Sisters
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Pierce v. Society of Sisters : ウィキペディア英語版
Pierce v. Society of Sisters

''Pierce, Governor of Oregon, et al. v. Society of the Sisters of the Holy Names of Jesus and Mary'', , was an early 20th-century United States Supreme Court decision that significantly expanded coverage of the Due Process Clause in the Fourteenth Amendment to the United States Constitution. The case has been cited as a precedent in more than 100 Supreme Court cases, including ''Roe v. Wade'', and in more than 70 cases in the courts of appeals.
==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.〔Howard, J. Paul. ("Cross-Border Reflections, Parents’ Right to Direct Their Children's Education Under the U.S. and Canadian Constitutions" ), ''Education Canada'', v41 n2 p36-37 Sum 2001.〕
The Compulsory Education Act, before amendment, had required 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,〔See the ( text ) of the amended Act at FindLaw.com (accessed 20 December 2005)〕 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, which 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 parochial schools.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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