The Compulsory Education Act or Oregon School Law was a 1922 law in the U.S. state of Oregon that required school age children to attend only public schools. The United States Supreme Court later struck down the law as unconstitutional.
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In the late 19th and early 20th centuries, millions of immigrants from Southern and Eastern Europe poured into the United States for economic and social opportunities, many of whom were poor peasants of Catholic and Jewish faith. Since the U.S. was predominantly a Protestant society at the time, many saw these new immigrants as a threat, seeing them as criminals, competitors for jobs and housing, and their faith being supposedly incompatible with American values. [1] The Oregon State Immigration Commission stated its preferences even more clearly[ clarification needed ] in its 1912 annual report:
No class of citizens is more valuable to Oregon than is the industrious, thrifty, foreign-born farmer, who emigrates from unfavorable European conditions to carve out a home for his family in a new country. There is a certain immigration from Europe which is undesirable, especially that which congregates in our cities and towns, creating slum districts living below the standard of American workmen, and entering into ruinous competition with American labor. [2]
In 1920, 13% of the population in Oregon were immigrants, 8% were Catholic, and less than 0.4% were black (caused by Oregon black exclusion laws). Racial and religious prejudices were hard to break, however. A scant percent of Oregon’s students attended private school as well, about 7%, but more than three quarters of those private schools were run by the Catholic Church. In 1920, sociologist John Daniels said, “[Children] go into the kindergarten as little Poles or Italians or Finns, babbling in the tongues of their parents, and at the end of half a dozen years or more… [They] emerge, looking, talking, thinking, and behaving generally like full-fledged Americans.” For Protestants, public schools seemed like they could be used as the great American melting pot, to teach “Pure Americanism” to the new immigrants and assimilate them into Protestant culture. [1]
In 1922, the Masonic Grand Lodge of Oregon sponsored an initiative to require all school-age children to attend public schools. [3] With support also of the state Ku Klux Klan and 1922 Democratic gubernatorial candidate Walter M. Pierce, the Compulsory Education Law was passed by a vote of 115,506 to 103,685. [4] Its primary purpose was to shut down Catholic schools in Oregon, but it also affected other private and military schools. It was challenged in court and struck down by the United States Supreme Court Pierce v. Society of Sisters (1925) before it went into effect. The law, which was officially called the Compulsory Education Act and unofficially became known as the Oregon School Law, did not just require that children between the ages of eight and sixteen had to attend school; it required that they attend only public schools. By prohibiting children from attending private or parochial schools, the state thus forced such schools to close.
Outraged Catholics organized locally and nationally for the right to send their children to Catholic schools. In a 1925 decision, the United States Supreme Court declared the Oregon School Law unconstitutional in a ruling that has been called "the Magna Carta of the parochial school system." In the ruling, the Court asserted that "the child is not the mere creature of the state" and settled the question of whether or not private schools had a right to exist in The United States.
In 1929, Pope Pius XI explicitly referenced this Supreme Court case in his encyclical Divini illius magistri [5] on Catholic education. He quoted this part of the case, which says:
The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the State; those who nurture him and direct his destiny have the right coupled with the high duty, to recognize, and prepare him for additional duties.
Gravissimum educationis is the Second Vatican Council's Declaration on Christian Education. It was promulgated on 28 October 1965 by Pope Paul VI, following approval by the assembled bishops by a vote of 2,290 to 35.
A parochial school is a private primary or secondary school affiliated with a religious organization, and whose curriculum includes general religious education in addition to secular subjects, such as science, mathematics and language arts. The word parochial comes from the same root as "parish", and parochial schools were originally the educational wing of the local parish church. Christian parochial schools are called "church schools" or "Christian schools."
Pierce v. Society of Sisters, 269 U.S. 510 (1925), was a landmark decision of the United States Supreme Court striking down an Oregon statute that required all children to attend public school. The decision significantly expanded coverage of the Due Process Clause in the Fourteenth Amendment to the United States Constitution to recognize personal civil liberties. 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.
The Blaine Amendment was a failed amendment to the U.S. Constitution that would have prohibited direct government aid to educational institutions that have a religious affiliation. Most state constitutions already had such provisions, and thirty-eight of the fifty states have clauses that prohibit taxpayer funding of religious entities in their state constitutions.
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text is:
Congress shall make no law respecting an establishment of religion...
Compulsory education refers to a period of education that is required of all people and is imposed by the government. This education may take place at a registered school or at other places.
Homeschooling constitutes the education of about 3.4% of U.S. students as of 2012. The number of homeschoolers in the United States has increased significantly over the past few decades since the end of the 20th century. In the United States, the Supreme Court has ruled that parents have a fundamental right to direct the education of their children. The right to homeschool is not frequently questioned in court, but the amount of state regulation and help that can or should be expected continues to be subject to legal debate.
The Bennett Law, officially Chapter 519 of the 1889 Acts of the Wisconsin Legislature, was a controversial state law passed by the Wisconsin Legislature in 1889 dealing with compulsory education. The controversial section of the law was a requirement to utilize the English language as the sole medium of instruction in all schools, whether private or public. Meanwhile, German Catholics and Lutherans, who combined a strong sense of American patriotism with strong ethnic pride, operated large numbers of parochial schools in the state and widely utilized the German language in the United States as the medium of instruction. The Bennett Law was bitterly resented by German Americans, but also by Catholic Polish Americans, and even by Scandinavian immigrant communities. The law was seen not only as an insult to the patriotism of the State's large community of non-English-speaking voters, but also as an unconstitutional attack against the independence of their church denominations and religious schools from control by the State. Although the law was ultimately repealed, there were significant political repercussions in the 1890 and 1892 elections; for the first time in decades Democrats won control of the Legislature and all state-wide elected offices, as well as both U.S. Senate seats and nearly all of Wisconsin's seats in the U.S. House of Representatives.
McCollum v. Board of Education, 333 U.S. 203 (1948), was a landmark United States Supreme Court case related to the power of a state to use its tax-supported public school system to aid religious instruction. The case was a test of the separation of church and state with respect to education.
Members of the Catholic Church have been active in the elections of the United States since the mid 19th century. The United States has never had religious parties. There has never been an American Catholic religious party, either local, state or national.
Walter Marcus Pierce was an American politician, a Democrat, who served as the 17th Governor of Oregon and a member of the United States House of Representatives from Oregon's 2nd congressional district. A native of Illinois, he served in the Oregon State Senate before the governorship, and again after leaving the U.S. House. Pierce was an anti-Catholic supporter of compulsory public education and signed a law banning parochial schools, resulting in lawsuits and the United States Supreme Court case of Pierce v. Society of Sisters. He was also a eugenicist and supported Prohibition. He advocated unsuccessfully for a state income tax and vehicle license fee.
In the United States, freedom of religion is a constitutionally protected right provided in the religion clauses of the First Amendment. As stated in the Bill of Rights: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...". Freedom of religion is linked to the countervailing principle of separation of church and state, a concept advocated by Colonial founders such as Dr. John Clarke, Roger Williams, William Penn, and later Founding Fathers such as James Madison and Thomas Jefferson.
The movement for compulsory public education in the United States began in the early 1920s. It started with the Smith-Towner bill, a bill that would eventually establish the National Education Association and provide federal funds to public schools. Eventually it became the movement to mandate public schooling and dissolve parochial and other private schools. The movement focused on the public's fear of immigrants and the need to Americanize; it had anti-Catholic overtones and found support from groups like the Ku Klux Klan.
The 20th-century history of the Catholic Church in the United States was characterized by a period of continuous growth for the Church in the United States, with Catholics progressively evolving from a small minority to a large minority.
Hill Military Academy was a private, College preparatory military academy in Portland in the U.S. state of Oregon. Opened in 1901, it was a leading military boarding school in the Pacific Northwest. Originally located in Northwest Portland, it later moved to Rocky Butte where it remained until it closed in 1959. The school was a party to the Pierce v. Society of Sisters United States Supreme Court case.
The 1922 Oregon gubernatorial election took place on November 7, 1922, to elect the governor of the U.S. state of Oregon. The election matched incumbent Republican Ben W. Olcott against Democrat Walter M. Pierce. With the support of the Ku Klux Klan, then a powerful political force in the state, Pierce won the election by a wide margin.
School prayer in the United States if organized by the school is largely banned from public elementary, middle and high schools by a series of Supreme Court decisions since 1962. Students may pray privately, and join religious clubs in after-school hours. Public schools are those operated by government agencies, such as local school districts. They are banned from conducting religious observances such as prayer. Private and parochial schools are not covered by these rulings, nor are colleges and universities. Elementary and secondary schools are covered because students are required to attend, and are considered more at risk from official pressure than are older students and adults. The Constitutional basis for this prohibition is the First Amendment to the United States Constitution, which requires that:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...
The History of Catholic Education in the United States extends from the early colonial era in Louisiana and Maryland to the parochial school system set up in most parishes in the 19th century, to hundreds of colleges, all down to the present.
Kaspar Kap Kubli, Jr., was an American politician in the state of Oregon. Closely associated with the Ku Klux Klan, Kubli, a member of the Republican party, was elected Speaker of the Oregon House of Representatives in 1923. Among legislation passed under Kubli during his five terms of office include the Oregon Criminal Syndicalism Act in 1919.
The Taft Court refers to the Supreme Court of the United States from 1921 to 1930, when William Howard Taft served as Chief Justice of the United States. Taft succeeded Edward Douglass White as Chief Justice after the latter's death, and Taft served as Chief Justice until his resignation, at which point Charles Evans Hughes was nominated and confirmed as Taft's replacement. Taft was also the nation's 27th president (1909–13); he is the only person to serve as both President of the United States and Chief Justice.