Kayla Toney says First Liberty Institute filed the petition to challenge a ruling that allows the state to discriminate against families who choose faith-based curricula in homeschool programs.
"We represent three Christian families in California who have chosen to homeschool their children because of their faith commitment," she tells AFN.
They participate in the "independent study" or "homeschool academy" online charter programs that provide support, curriculum, and funding for homeschooling families. They receive access to state funds that can be used to purchase enrichment materials and extracurricular activities.
"They're very much designed to have the parents at home teaching their own children," Toney explains.
The problem is religious materials are not allowed.
"They welcome parents to choose any curriculum that fits their child that meets educational standards, except they can't choose religious books," the First Liberty counsel relays. "One of the families we represent was actually expelled, the Dodson Family, because they wanted to choose religious curriculum and pay for it with their own money."
The Woolard and Gonzales families are being rejected for the work samples from their children's worksheets.
"If there's a religious publisher or any religious wording on the worksheet, it doesn't count for school credit," says Toney.
The families lost at the District Court and again at the Ninth Circuit, with a three-judge panel ruling that the charter programs were essentially public school.
First Liberty says that was the wrong conclusion because the "attenuated link" to funding does not turn kitchen tables into public schools. They maintain this is a clear instance of religious discrimination, and that is why they are seeking an en banc rehearing with a larger group of Ninth Circuit judges to "get it right this time."
They are expecting about 10 amicus briefs from a wide range of groups, including Jews, Hindus, and Muslims, who all agree that religious discrimination violates the Constitution and should not be present in these state programs.
Toney's team just filed the petition for rehearing on October 24, and the court has already called for a response from the other side. First Liberty believes that indicates the judges are considering it closely.
They expect a response in about three weeks.
