Homeschooling in the United States: A Seismic Parental Rights Victory

Homeschooling has surged in popularity. It has a proven record of success. Yet that begs the question: how did we get here? How did our nation go from prosecuting homeschool parents a few decades ago to considering home education a viable and mainstream educational option? This Article explores the reasons why and concludes that it is because of the history and tradition of parental rights that has been recognized and accepted in the United States. This Article explores the history of parental rights from ancient times to the founding of the United States. That rich history and tradition, particularly the Judeo-Christian and English Common Law history, significantly influenced our Founders, and, eventually, the U.S. Supreme Court. When the Court wrestled with concepts related to government power and parental rights, the history and tradition of parental rights made the difference. It is why homeschooling has taken off in the United States while parents in other countries around the world have struggled to make homeschooling commonplace socially, judicially, and legislatively. The history and tradition of parental rights laid the foundation for homeschooling to become not only legal, but mainstream in the United States today.