A law requires all homeschooled children to score “above average” on a standardized achievement test in order to continue homeschooling. –

I. Does this law break the Free Exercise of religion if you homeschool your children for religious reasons?

II. The Sherbert Test as applied to this case:

A. Was the person pursuing a sincere religious belief?

– Yes, they believe that God has called them to homeschool their children.

B. Did the law impose a substantial burden on the exercise of one’s religious beliefs?

Yes, this law requires all homeschool students to score “above average” on a standardized achievement test; which inhibits the pursuit of their religious beliefs.

C. Does the law fulfill a compelling governmental interest?

(1a.) How important is the goal of the government’s law?

Important in the sense that the government wants to raise up smart individuals.

(2b.)  Does the government’s law actually achieve its stated goal or interest?

The law requires them to score “above average”, which does make for educated individuals, but the government is putting higher standards on homeschoolers than on public schooled children.

D. Could this interest be accomplished in a less restrictive fashion?

Yes. The State could require all children (whether homeschooled or public schooled) to score average on a standardized test, or become tutored until their grades improve.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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3 thoughts on “Using The Sherbert Test to Determine The Outcome of Cases: Part I

  1. I think maybe it is better for the government to put higher standards for homeschooled students because it pushes us to work harder and push for a higher standard the public schoolers. Also, it makes us way smarter than public schooled students

    Liked by 1 person

    1. It would push us to work harder, I agree; but I don’t believe that it is the governments place to decide how smart we have to be. Also, some children with mental or social hibitions (like Autism), might thrive better in the one-on-one style of teaching that homeschool provides. It would be extremely challenging for them place “above average” on advanced placement tests, even though homeschooling is the best option for them. And tbh, homeschoolers are mostly smarter than many public schooled kids already, without that requirement placed on us!

      Liked by 1 person

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