Religious Liberty on Trial: Charter Homeschool Families Demand the Ninth Circuit End Anti-Christian Discrimination

California Family Council : Dec 2, 2025
California Family Council

"California's homeschool charter school policies are denying families the freedom to use curricula that align with their faith. This is discrimination, plain and simple." -CFC Vice President Greg Burt

[CaliforniaFamily.org] When the Woolard, Gonzales, and Dodson families enrolled in California homeschool charter-school programs, they believed they were partnering with the state to give their children the best possible education; one that met academic standards and reflected their Christian convictions. What they did not expect was to be penalized, reprimanded, or even expelled simply for choosing curriculum rooted in their faith. (Image: Unsplash-wadi-lissa)

Yet that is exactly what happened.

Now, with the help of First Liberty Institute, these families are asking the full US Court of Appeals for the Ninth Circuit to intervene. Their request, an en banc rehearing, is detailed in their formal petition, which you can read here. First Liberty also released a public statement outlining the urgent need for the rehearing, available here.

This case has the potential to redefine educational freedom for every religious family in California.

California's Policy: Secular or Nothing

California homeschool charter schools distribute public funds to parents so they can purchase approved educational materials. But unlike many other states, California has imposed a rigid, categorical ban on the use of any religious curriculum, even if it meets all academic requirements.

This policy is rooted in the California Education Code's mandate that all charter-school programs must be "nonsectarian," as well as Article IX, Section 8 of the state constitution, which prohibits public money from supporting sectarian teaching in public schools.

In practice, these provisions have been stretched far beyond their original intent. Rather than ensuring that schools do not proselytize, California has interpreted them to mean that parents may not use educational funds to choose Christian materials for their own children, even in a home-based learning environment.

That is why the Woolard, Gonzales, and Dodson families were denied reimbursements and, in one case, expelled from their charter program simply because their curriculum mentioned Scripture or approached learning from a Biblical worldview.

As CFC Vice President Greg Burt put it, "California's homeschool charter school policies are denying families the freedom to use curricula that align with their faith. This is discrimination, plain and simple."

Supreme Court Precedent: Faith Cannot Be Excluded

The US Supreme Court has spoken clearly and repeatedly on this issue: when a state offers a

public benefit, it cannot exclude families or schools because they are religious.

In the landmark Carson v. Makin decision out of Maine, often summarized as the "Treat Children Fairly" case, the Court held that religious status and religious instruction cannot be grounds to deny a family equal participation in public education benefits.

Chief Justice Roberts famously wrote, "A State need not subsidize private education. ... But once a State decides to do so, it cannot disqualify some private schools solely because they are religious."

Despite this precedent, California continues to force Christian parents to choose between accessing public educational programs and remaining faithful to their beliefs. As First Liberty's Deputy General Counsel Justin Butterfield warns, "If the government can tell you what to believe and coerce you in how you serve God, then they can control all other aspects of your life."

What Is the "Full" Federal Appeals Court? Understanding an En Banc Review

Most appeals in federal court are heard by a three-judge panel. But when a case raises extraordinarily important constitutional questions, or when the panel's decision contradicts prior rulings, litigants may ask for an en banc rehearing.

En Banc Review Explained

• In the Ninth Circuit, an en banc court consists of a much larger group of judges hearing the case together.

• It is typically granted only in cases of significant legal consequence.

• It is often the final step before a case proceeds to the US Supreme Court.

This means the Woolard case is no ordinary appeal, it is a defining moment for religious liberty in one of the most influential courts in the nation. (Image: Pixabay)

Attorney Alexander Kazam, co-counsel at King & Spalding, underscored the importance saying, "We are hopeful that the full Court will grant rehearing and come to the right decision, restoring protection for bedrock First Amendment principles."

Why This Case Matters to Every California Parent

This case is not only about three families. It is about the future of parent-directed education in California.

Two questions lie at the heart of this conflict:

• Do parents maintain the right to choose curriculum that reflects their faith when participating in public educational programs?

• May the state deny equal access to public benefits unless families abandon religious materials?

The implications are immense. If California succeeds in enforcing its ban on Christian curriculum, it would set a dangerous precedent empowering state agencies to monitor and restrict religious expression inside the home.

This is why CFC is standing firmly with these families. As Greg Burt reminds us, "Every family deserves the ability to choose the curriculum that reflects their values. Government overreach should never dictate what children learn at the expense of their beliefs."

A Critical Moment for Religious Liberty

California claims to champion inclusion, yet it is excluding Christian families from equal participation in public education. This is not neutrality; it is hostility toward people of faith.

The Woolard, Gonzales, and Dodson families are standing courageously not only for their own children but for thousands of parents across the state who want to raise their kids according to Biblical truth.

The government has no authority to override that declaration.  Subscribe for free to Breaking Christian News here