As we strive to develop the whole person in our Catholic schools, it may seem that law has little or nothing to do with that development. Yet, a few minutes’ reflection can illustrate how much law has to do with producing good Catholics, cognizant of their duties to all, including those articulated in civil law. It may be interesting to ask your students how their lives are affected by the law.
Answers will vary, of course, but will probably mention state and local laws, perhaps particularly speeding and speed limits. In this presidential election year, we are especially cognizant of how the laws work to ensure free and fair elections at all levels, but especially at the presidential level.
Students in Catholic schools are often surprised to learn that they do not have the same Constitutional protections in Catholic and other private schools that they would have if they were in the public sector, where the protections of the United States Constitution are paramount. Public schools are arms of state and local governments and those who attend them have the protections of the United States Constitution.
The First Amendment to the United States Constitution states that “Congress shall pass no law respecting an establishment of religion or prohibiting the free exercise thereof.”
This Amendment is the basis for our doctrine of separation of church and state. There can be no state religion, and the government cannot require that persons practice religion in general or any religion in particular.
This was a groundbreaking decision because it established the right of Catholic and other private schools to exist.
2025 marks the 100th anniversary of the United States Supreme Court decision of Pierce v. Society of Sisters, 268 U.S. 510 (1925), which firmly established the right of Catholic and other private schools to exist. Oregon had passed a law requiring all students between the ages of eight and fourteen to attend public schools. This law would have eliminated almost all private schools if it had been followed. The Sisters and Hill Military Academy, another private school, brought a lawsuit claiming that the new law would deprive them of their property and business, the school, without due process of law. Thus the case, Pierce v. Society of Sisters, was brought. A second private school owner, Hill Military Academy, joined the Sisters in the suit. Since the Sisters were not parents of school children, they had no standing to sue for the rights of parents. Thus, the suit was brought based on their right to operate a business and Hill Military Academy, as the proprietor of a private school, joined in the lawsuit.
The United States Supreme Court found for the Sisters and Hill Military Academy, that they had a right to conduct schools as businesses. This was a groundbreaking decision because it established the right of Catholic and other private schools to exist.
The case is not very long and students from fourth grade and up should be able to read the case with some supervision and assistance. The case can be used to discuss the following questions:
Who should have the right to determine who can own and operate schools? Do you agree with the United States Supreme Court decision that private schools have a right to exist?
Should anyone who wants to operate a school be allowed to do so? Who should make the rules for operating a school?
How would you feel if there were only public schools to attend?
Do you think parents have a right to choose the education of their children?
What are the advantages of having both public and private schools?
Do you have friends or relatives who attend public schools?
What differences do you see between Catholic (private) schools and public schools?
What kind of control should states have over the curriculum of schools? Both public and private?
Ask your parents why they enrolled you in a Catholic school/
What are the advantages of a Catholic school?
Are you surprised that people had to go to court to establish your right to attend a Catholic school?
Why is it important to learn about the Catholic religion?
What can we do to celebrate Catholic Schools’ Week?
What would you tell your friends about Catholic schools?
Have you ever asked a friend if he or she would like to visit your school?
While these questions may seem best suited to older children, even younger children can be asked some of these questions in an age-appropriate manner. For example:
Why are you attending this school? Do you know why Mom and/or Dad picked this school for you?
What do you like about our Catholic school?
Do you know that public school students do not attend church services as part of their school day, while we do. How do you feel about that?
Do you like learning about the Catholic religion?
How can we make everyone, Catholic and non-Catholic, feel comfortable in our Catholic schools?
Older students (age fifth grade and up) could read the Pierce case and discuss what it means. It is not often that pupils read legal cases that are 100 years old. There is a difference between being told what the legal decision means and actually reading the words for oneself.
Too often court cases and decisions seem out of the world of our elementary and even at times, our high school, students. The anniversary of Pierce v. Society of Sisters offers us an opportunity to make the law, and the justice department come alive for our students in age-appropriate ways. Without Pierce v. Society of Sisters, Catholic schools as we know them today might not exist.
Please consider teaching your students something of the legal history of Catholic education and using the opportunity to celebrate our Catholic schools. Without the courage of the Society of Sisters, Catholic and other religious schools might not exist today.
Sister Mary Angela Shaughnessy, SCN, JD, Ph.D.is a Sister of Charity of Nazareth and a nationally recognized expert on the law as it affects Catholic schools and Church ministry.
Angie.Shaughnessy@lmu.edu