(The Center Square) – A mandate imposed by Gov. Gavin Newsom barring private school children from attending in-person classes is unconstitutional, the U.S. Court of Appeals for the 9th Circuit has ruled.
In July 2020, with no end in sight for Newsom’s color-coded lockdowns and a return to in-person instruction unlikely for the fall, the Center for American Liberty and 20 plaintiffs sued. Newsom had issued an executive order barring in-person teaching in 32 California counties. For more than one year, California children attending public schools were denied access to in-person instruction.
The plaintiffs argued that Newsom overstepped his authority and illegally denied parents the right to have control over their children’s education. The court agreed.
“California’s forced closure of their private schools implicates a right that has long been considered fundamental under the applicable caselaw – the right of parents to control their children’s education and to choose their children’s educational forum,” Judge Daniel Collins ruled Friday. “Because California’s ban on in-person schooling abridges a fundamental liberty of these five Plaintiffs that is protected by the Due Process Clause, that prohibition can be upheld only if it withstands strict scrutiny.” more