Calif. Homeschooling Case: CCG Legal Team Part of Effort to Defend Parents’ Rights

CCG Defends the Parents’ Rights to Homeschool
CCG Legal Team Contributes to Briefs for Calif. Appeals Court

When the California Court of Appeal granted a rehearing for the case that led to a decision banning homeschooling in California, it invited several amicus parties to submit briefs. Catholics for the Common Good has decided to participate in the effort to defend the fundamental rights of parents to educate their children.

Specifically, CCG is working with the Home School Legal Defense Association (HSLDA) and about 20 other organizations nationwide to submit amicus curae (i.e., friend of the court) briefs to the California Court of Appeal urging them to reverse the shocking decision in In re Rachel L., et al. The briefs have to be submitted by May 19.

The following attorneys are taking lead roles:

  • Raymond J. Tittmann, Partner, Carroll, Burdick & McDonough LLP, San Francisco
  • Richard Katerndahl, a Marin County lawyer with a mainly appellate practice; worked as a law clerk for Justice Coleman Blease of the California Court of Appeal and
    then- Justice Cruz Reynoso of the California Supreme Court.
  • Cyrus Johnson, founder, Law Offices of Cyrus J. Johnson, San Mateo

The following legal team members are providing support:

  • Kristin Myles, Partner, Munger Tolles & Olson LLP, former clerk to Supreme Court Justice Antonin Scalia and magna cum laude graduate of Harvard Law School
  • Prof.Phillip Cronin, Professor of Jurisprudence Criminal Law, and Criminal Procedure at San Joaquin College of Law and former Fresno County Counsel (retired)
  • Prof. Douglas Kmiec, Professor of Constitutional Law and Caruso Family Chair in Constitutional Law, Pepperdine University, and Former Dean of the Columbus School of Law at Catholic University
  • Prof. Charles Rice, Professor Emeritus, Notre Dame Law School, and co-founder of Ave Maria School of Law

“We are encouraged that Governor Arnold Schwarzenegger and State Superintendent of Public Instruction Jack O’Connell have both refused to enforce the anti-homeschool ruling,” said Ray Tittmann, lead counsel and Catholics for the Common Good board member.

Superintendent O’Connell stated after the decision, “The California Department of Education policy will not change in any way as a result of this ruling. Parents still have the right to homeschool in this state.” This is a bold rejection of the Court of Appeal decision that expressly held, “parents do not have a constitutional right to homeschool their children.”

These statements by California’s Governor and the Superintendent of the Education refusing to enforce to enforce the anti-homeschooling ruling may have had some influence in the decision of the California Court of Appeal to vacate its own ruling.

For the common good,

Bill May
Catholics for the Common Good

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