Skip to Content

The Advocacy Vault

Litigation Tracking (Your Rights)

The Advocacy Vault

Litigation Tracking (Your Rights)

The Advocacy Vault

Litigation Tracking (Your Rights)

Contact Us

Looking for more information, not covered by this website? Have ideas you want to share? Want to get involved but don’t know how?

Advocacy Takeaway

For Pencils and Passport, the message is clear: The Supreme Court has signaled that "neutrality" toward religion does not mean "exclusion" of religion. If a state funds secular homeschooling materials, it must allow faith-based materials that meet the same academic standards.

KNOW YOUR RIGHTS: Faith-Based Homeschool Curricula (As of early 2026)

Public Benefits Must Be Neutral: Under U.S. Supreme Court precedents like Carson v. Makin (2022) and Espinoza v. Montana (2020), states cannot exclude you from a public benefit (like homeschool funding) solely because of your "religious status" or because you choose a "religious use" for those funds.
The Worldview Protection: In the landmark Mahmoud v. Taylor (2025) ruling, the Supreme Court held that schools cannot condition public education on a parent's willingness to accept a burden on their religious exercise. If a curriculum "substantially interferes" with your child's religious development, you have a right to seek accommodations or opt-outs.
The Charter School Distinction: Be aware of Woolard v. Thurmond (2025). The Ninth Circuit recently ruled that some California charter schools can insist on secular materials because they are considered "government speech". However, this case is currently being challenged for en banc review, arguing it conflicts with Supreme Court precedent.
Action Step: If your charter school denies a curriculum based on a Christian worldview, they must prove the denial is "neutral and generally applicable." If they allow other "niche" or "philosophical" worldviews but exclude yours, they may be engaging in unconstitutional viewpoint discrimination.

CURRENT BATTLE GROUND:

"fork in the road" created by the Ninth Circuit's recent decision in Woolard v. Thurmond

Deep Dive: Woolard v. Thurmond (Status: En Banc Appeal)

As of February 2026, this case is the most critical battleground for families using state-funded charter programs for home instruction.

The Conflict

The Ruling (September 11, 2025): A three-judge panel of the Ninth Circuit ruled against the Christian families. The court held that California charter schools can refuse to purchase religious curricula because they are "public schools," and their curriculum choices are considered "government speech".
The Argument: The families, represented by the First Liberty Institute, argue that these "independent study" programs are essentially homeschooling, and that excluding faith-based materials violates the Supreme Court’s precedent in Carson v. Makin.

Current Status: The "En Banc" Petition

October 2025: The families filed a petition for a rehearing en banc, which means they are asking all judges of the Ninth Circuit to review the case and overturn the three-judge panel’s decision.
February 2026 Status: The Ninth Circuit is currently reviewing the petition and amicus (friend-of-the-court) briefs from various advocacy groups. If the court grants the en banc review, it could lead to a major reversal that protects religious curriculum choice in Western states. If denied, the case is expected to be appealed directly to the U.S. Supreme Court.

Pencils and Passports

Legal Disclaimer: The information provided on this website is for educational and advocacy purposes only and does not constitute legal advice. Using this site or contacting us via email does not create an attorney-client relationship. Pencils and Passport Advocacy is not a law firm; always seek professional legal counsel regarding your specific circumstances.

Copyright © 2026 Pencils and Passport LLC. All Rights Reserved.

Made with Squarespace

Location

Hillsboro, OR 97123

Contact

advocacy@pencilsandpassport.com