NO IN THE SUPREME COURT OF TEXAS. IN RE C.T. and T.T., Relators. From the Fifth Court of Appeals at Dallas, Texas BRIEF OF AMICI CURIAE,



Similar documents
No CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. FRED ANDERSON, Appellant. THE STATE OF TEXAS, Appellee

Cause. IN THE CRIMINAL DISTRICT In re Joey CHARBONNEAU COURT No. 2, DALLAS COUNTY, TEXAS APPLICATION FOR WRIT OF HABEAS CORPUS

No CV IN THE FOR THE RAY ROBINSON,

NO CR IN THE COURT OF APPEALS FOR THE TENTH SUPREME JUDICIAL DISTRICT AT WACO. In Re Matthew Alan Clendennen, Relator

How To Get A Suspended Sentence In Texas

IN THE SUPREME COURT OF FLORIDA

Misc. Docket No. Il Appointment of a District Judge to Preside in a State Bar Disciplinary Action

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC

ROBERT REY GARZA, Appellant. THE STATE OF TEXAS, Appellee APPELLANT'S BRIEF

NO CR. GLEN FRAZIER, Appellant. THE STATE OF TEXAS, Appellee BRIEF IN SUPPORT OF MOTION TO WITHDRAW

ORDER OF THE SUPREME COURT OF TEXAS

F THE SUPREME COURT OF TEXAS

The Public Defender cannot file these motions for you or represent you in your hearing unless the Court appoints us to do so.

NO CV IN THE COURT OF APPEALS FOR THE FIFTH JUDICIAL DISTRICT OF TEXAS AT DALLAS, TEXAS. MELVIN J. KLEIN and OSNAT KLEIN, Appellants,

No IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT LUCINDA G. MILLER; ELAINE KING-MILLER, Plaintiffs-Appellees

NCLL 1... INTRODUCTION 2... LETTER FROM DAVID GIBBS III 3... GEORGIA HOMESCHOOL LEGAL REQUIREMENTS 6... LEGAL CHALLENGES 9... BENEFITS OF MEMBERSHIP

IN THE FLORIDA SUPREME COURT DISCRETIONARY REVIEW OF THE DECISION OF THE DISTRICT COURT OF APPEAL SECOND DISTRICT OF FLORIDA

No. WR-81, IN THE TEXAS COURT OF CRIMINAL APPEALS EX PARTE BERNHARDT TIEDE II

CAUSE NO. EX PARTE * IN THE * OF DALLAS COUNTY, TEXAS ORDER GRANTING EXPUNCTION

No In The Supreme Court of Texas

ORDER OF THE SUPREME COURT OF TEXAS H053. Misc. Docket No Appointment of a District Judge to Preside in a State Bar Disciplinary Action

ORDER OF THE SUPREME COURT OF TEXAS. MiSC DOCket NO. 98m 9133

TEXAS CIVIL JUSTICE LEAGUE 400 West Fifteenth Street, Suite 1400 Austin, Texas (T)

Commonwealth of Kentucky Court of Appeals

ER OF THE SUPREME COURT OF TEXAS

In the Court of Appeals for the Fifth Judicial District of Texas Dallas, Texas

ORDER OF THE SUPREME COURT OF TEXAS. Misc Docket No. 97-

NOTICE OF APPEAL., Defendant/Appellant appeals to the Fourth. District Court of Appeal the judgment and sentence entered by the Honorable,

Appellee: COLORADO OIL & GAS ASSOCIATION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS INSTRUCTIONS FOR FILING COMPLAINT BY PRISONERS UNDER THE CIVIL RIGHTS ACT, 42 U.S.C.

Misc Docket No

in toto, the Proposed Rule.

IN THE SUPREME COURT OF FLORIDA CASE NO STATE OF FLORIDA, Appellant, vs. SEAN E. CREGAN, Appellee.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

GENERAL INFORMATION 2009 EDITION

No CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS, TEXAS. JANET MARIE VICKERS, Appellant

A (800) (800)

MISC Docket Nov 99m 90,25

No IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT CHRISTIAN M. RANDOLPH,

1 of 2 DOCUMENTS. No. A REVIEW TRIBUNAL OF TEXAS. 55 S.W.3d 243; 2000 Tex. LEXIS 83

IN THE SUPREME COURT OF FLORIDA (Lower Court Case No.: 4D05-746) CASE NO. SC STATE OF FLORIDA, Petitioner, vs. JEFFREY LOVELACE, Respondent.

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION ) ) ) ) ) ) ) ) ) ) ORIGINAL COMPLAINT

Appellant, COURT USE ONLY COLORADOANS FOR A BETTER FUTURE (CBF), and. Case No. 2014CA2073 OFFICE OF ADMINISTRATIVE COURTS,

ORDER OF THE SUPREME COURT OF TEXAS

NO CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. JAMES PAUL DOWNEY, Appellant. THE STATE OF TEXAS, Appellee

COURT OF APPEAL STATE OF CALIFORNIA FIRST APPELLATE DISTRICT, DIVISION FIVE CITY AND COUNTY OF SAN FRANCISCO. vs.

The Judiciary Quiz. A) I and IV B) II and III C) I and II D) I, II, and III E) I, II, III, and IV

Wyoming

Case 3:07-cv L Document 26 Filed 03/13/08 Page 1 of 6 PageID 979 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

IN THE SUPREME COURT OF THE STATE OF CALIFORNIA

S T A T E O F T E N N E S S E E OFFICE OF THE ATTORNEY GENERAL 425 FIFTH AVENUE NORTH NASHVILLE, TENNESSEE April 9, Opinion No.

Defendant s Pro se Motion to Modify or Terminate Probation or Community Control

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

ORDER OF THE SUPREME COURT OF TEXAS

2013 IL App (5th) WC-U NO WC IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION

Misc Docket No

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

No IN THE SUPREME COURT OF WASHINGTON FREEDOM FOUNDATION, CHRISTINE O. GREGOIRE, in her official capacity as Governor,

MARK PEREZ, APPELLANT THE STATE OF TEXAS, APPELLEE STATE S BRIEF

STATE'S RESPONSE BRIEF

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

304 Palermo Avenue Coral Gables, FL (305) I N THE SUPREME COURT OF FLORIDA CASE NO. 70,179

NO IN THE DISTRICT COURT FOR EX PARTE THE JUDICIAL DISTRICT. (Name) HARRIS COUNTY, TEXAS AGREED ORDER OF EXPUNCTION

No B9-CV. In The Court Of Appeals COURT OF APPEALS For The Fifth District of Texas,-- JUN \,..4. GREG CUNNIGHAM, Appellant,

IN THE SUPREME COURT OF THE STATE OF NEVADA * * *

SUPREME COURT OF TEXAS IN THE MATTER OF MICHAEL D. MARTIN MISC. ORDER NO. 92- ORDER. On this day, the Court considered the Motion for Acceptance of

Case 2:12-cv JRG Document 1 Filed 11/01/12 Page 1 of 8 PageID #: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

Case 3:06-cv P Document 13 Filed 08/14/06 Page 1 of 5 PageID 59

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION II ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Fourth Court of Appeals San Antonio, Texas

ORDER OF THE SUPREME COURT OF TEXAS. MiSc Docket No. 99m 9047

IN THE SUPREME COURT OF TEXAS

THE FIFTH ADMINISTRATIVE JUDICIAL REGION OF TEXAS

ORDER OF THE SUPREME COURT OF TEXAS. MiSC Docket N m J^- A 1

Effective January 1, An attorney appointed as lead trial counsel in the trial of a death penalty case must:

FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C et.seq.

IN THE SUPREME COURT OF FLORIDA

IT IS ORDERED that the law license of Jose Sotolongo of Houston, Texas, State Bar

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No ) ) ) ) ) ) ) ) ) )

ORDER OF THE SUPREME COURT OF TEXAS. Misc Docket No. 97-_go I

ORDER OF THE SUPREME COURT OF TEXAS. Misc Docket No. 95-

NCLL 1... INTRODUCTION 2... LETTER FROM DAVID GIBBS III 3...MISSOURI HOMESCHOOL LEGAL REQUIREMENTS 6... LEGAL CHALLENGES 9... BENEFITS OF MEMBERSHIP

THE ELEVENTH JUDICIAL CIRCUIT MIAMI-DADE COUNTY, FLORIDA. CASE NO (Court Administration)

S T A T E O F T E N N E S S E E OFFICE OF THE ATTORNEY GENERAL P.O. BOX NASHVILLE, TENNESSEE April 29, Opinion No.

ORIGINAL. Appellant, Respondent. MOTION TO ENLARGE TIME TO FILE ANSWERING BRIEF. and as an agent for Retina Consultants of Nevada (hereinafter

NO. D-1-GN DEFENDANT S MOTION FOR PARTIAL SUMMARY JUDGMENT

Counsel for Petitioner

The Enforceability of Mediated Settlement Agreements. By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas

APPLICATION QUESTIONNAIRE FOR THE VAWA PILOT PROJECT ON TRIBAL CRIMINAL JURISDICTION

Supreme Court of Florida

Case 4:08-cv Document 18 Filed in TXSD on 05/28/08 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Supreme Court of Florida

Case 5:14-cv OLG Document 9 Filed 07/31/14 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case No On Appeal from the. Eighth Appellate District, Court of Appeals. Case No

Petitioner, Respondent.

IN THE SUPREME COURT OF MISSISSIPPI NO IA SCT

IN THE SUPREME COURT OF FLORIDA CASE NO. SC

CACJ CALIFORNIA ATTORNEYS FOR CRIMINAL JUSTICE

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT. Plaintiff and Respondent, v. Kern County Superior Court

Transcription:

NO. 15-0098 IN THE SUPREME COURT OF TEXAS IN RE C.T. and T.T., Relators From the Fifth Court of Appeals at Dallas, Texas BRIEF OF AMICI CURIAE, TEXAS HOME SCHOOL COALITION ASSOCIATION AND THE NATIONAL CENTER FOR LIFE AND LIBERTY, INC. David C. Gibbs III President, The National Center for Life and Liberty, Inc. Texas Bar # 24026685 P.O. Box 12827 Flower Mound, TX 76226 Telephone: (727) 362-3700 Facsimile: (727) 398-3907 ATTORNEY FOR AMICI CURIAE TEXAS HOME SCHOOL COALITION ASSOCIATION AND THE NATIONAL CENTER FOR LIFE AND LIBERTY, INC.

TABLE OF CONTENTS IDENTIFICATION OF AMICI CURIAE..1 INTEREST OF AMICI CURIAE.......2 ARUMENT.....2 CONCLUSION... 6 PRAYER....6 ii

TABLE OF AUTHORITIES Cases: Pierce v. Society of Sisters, 268 U.S. 510 (1925). 5, 6 Texas Educ. Agency v. Leeper, 893 S.W.2d 432 (1994). 4, 5 Statutes: Tex. Educ. Code 21.033.....4 iii

TO THE HONORABLE JUSTICES OF THE SUPREME COURT OF TEXAS: The Texas Home School Coalition Association and The National Center for Life and Liberty, Inc. respectfully submit this Brief as Amici Curiae, pursuant to Rule 11 of the Texas Rules of Appellate Procedure and in support thereof, show this Honorable Court, as follows: IDENTIFICATION OF AMICI CURIAE The Texas Home School Coalition Association ( THSC ) is a Texas nonprofit corporation, tax exempt pursuant to Section 501(c)(4) of the Internal Revenue Code. THSC exists to promote the legal rights of home school families in Texas and to serve the home school community in Texas by promoting the social welfare of home schooling families. The National Center for Life and Liberty, Inc. ( NCLL ) is a Florida non profit corporation, with office in Bartonville, Texas, and is tax exempt pursuant to Section 501(c)(3) of the Internal Revenue Code. The NCLL is a non profit legal ministry that serves to protect and defend the Bible-based values upon which our Nation was founded. The NCLL endeavors to protect and defend important foundational areas that support our freedoms, including: Life Values, Constitutional Values, Church Liberty, Christian Education, and Home School Education. The NCLL files the instant Brief 1

on behalf of itself and its client, THSC, in support of the Relators PETITION FOR WRIT OF MANDAMUS. Although THSC is a ministry supporter of NCLL, THSC has not specifically paid the NCLL any fees for the preparation of this brief. Nor has NCLL received any payment from the Relators for the preparation of this Brief. INTEREST OF AMICI CURIAE THSC and NCLL are concerned with the impact of this case on the rights of Texas families, who exercise their constitutional and legal right to home school their children. Amici Curiae fear the chilling effect that the trial and the appellate court decisions in this matter will have on Texas families, who currently home school their children, or who might consider home schooling children in the future. Although the trial court never cited an actual basis for retaining I.C. in foster care, one of the three issues Judge Callahan discussed in her ruling was the fact that the children in question were home schooled. ARGUMENT In her Order for the continued removal of I.C. from the Relators home, Judge Callahan never cited any specific issue as the basis for I.C. s removal. In fact, she stated, on the record, that none of the issues she listed 2

were valid reasons for removal. (R.R. page 386, line 20, line 25; R.R. page 387, lines 5 lines 7.) The three issues Judge Callahan discussed in her ruling were: 1. the children were home schooled (R.R. page 386, line 13 line 19), 2. two other children (not the subject of the PETITION FOR WRIT OF MANDAMUS) were found some distance from the Relators home (R.R. page 386, line 21 line 25.), and 3. one of the Relators had allegedly practiced law without a license (R.R. page 387, line 1 line 7.). The allegation that one of the Relators had allegedly practiced law without a license even if true is completely irrelevant to the placement of I.C. or any of the other children involved in this matter. The record is completely devoid of any proof that either Relator had ever been charged with such an offense or that any harm had ever come to any of the children as a result of such alleged conduct. The Court s finding that two of the children, N. (4 years-old at the time) and J. (8 years-old at the time), were found wandering some distance from the Relators home is also irrelevant to the placement of I.C., who was not involved in that incident. In fact J., who was found wandering, was returned to the Relators (R.R. page 387, line 13 line 14.), but I.C. who was not involved with that incident, was not returned. Therefore, it would be 3

unreasonable to conclude that I.C. is being held in foster care due to the wandering incident. Amici are concerned that Judge Callahan s imprecise findings, on which her ruling was based, might be used by other courts to determine that children should be removed from the home if they are home schooled. This concern is bolstered by the fact that Judge Callahan initially prohibited the Relators from home schooling the children who were returned. (R.R. page 389 line 1 line 2). Parents in Texas have always had the constitutional and legal right to home school their children. The first Texas compulsory education statute came into effect in 1916. Prior to that time, parents were free to home school their children or to educate them in any way they deemed appropriate. Texas Educ. Agency v. Leeper, 893 S.W.2d 432, 434 (1994). From the time the Texas compulsory education statute became effective in 1916 until 1981, parents who educated their children in bona fide home schools were not prosecuted for violating the compulsory attendance law. Home schooling was a valid option for Texas parents. Id. at 433. For a brief period, from 1981 1986, the Texas Education Agency pursued a policy that claimed, no home school could be a private school within the meaning of 21.033(a)(1). Id. at 443. This policy was the central issue in 4

Leeper. Id. However, even before the conclusion of the case, the Texas Education Agency acknowledged that the position it held from 1981 1986 was wrong. The defendants in Leeper, including the Texas Education Agency, acknowledged the right of parents to teach their children at home and the efficacy of that means of education when it is conducted in a bona fide manner. Id. In its Leeper ruling, this Honorable Court upheld that position. Id. at 444. From the time of the Leeper decision in 1994 until now, there has been no change regarding the right of parents in Texas to home school their children. Thus, parents have always had the right to home school their children in Texas. The Texas Supreme Court s decision in Leeper is consistent with federal law. In 1925 the U.S. Supreme Court held in Pierce v. Society of Sisters that a compulsory education act requiring attendance at public schools rather than private schools was unconstitutional, as a violation of the Fourteenth Amendment. 268 U.S. 510, 535 (1925). As shown above, the Texas Supreme Court has held that a home school, conducted in a bona fide manner, is a valid form of private school. Leeper, 893 S.W.2d at 433. Thus, an order requiring children in Texas to attend a public school rather than a home school is a violation of both Texas and federal law. Pierce, 268 U.S. at 535; Leeper, 893 S.W.2d at 433. Further, in Society of Sisters, the U.S. 5

Supreme Court also held that a statute requiring children to attend a public school rather than a private school unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control. Pierce, 268 U.S. at 534-35. The same is true of Judge Callahan s Order in the instant case; her Order also unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control. Id. CONCLUSION Judge Callahan s implied use of home schooling as a basis for her ruling in the instant matter coupled with and based upon the fact that her ruling initially prohibited the Relators from continuing to home school their other children is concerning to the Amici as an unconstitutional action by a Texas court and contrary to existing Texas law. PRAYER FOR THE REASONS STATED, the Amici, THSC and the NCLL, respectfully pray that the Relators Petition for Writ of Mandamus be granted. 6

Respectfully Submitted, THE NATIONAL CENTER FOR LIFE AND LIBERTY, INC. /s/ David C. Gibbs III David C. Gibbs III President Texas Bar # 24026685 dgibbs@gibbsfirm.com P.O. Box 12827 Flower Mound, TX 76226 Telephone: (727) 362-3700 Facsimile: (727) 398-3907 AMICUS CURIAE AND ATTORNEY FOR AMICUS CURIAE TEXAS HOME SCHOOL COALITION ASSOCIATION 7

CERTIFICATE OF SERVICE I hereby certify that on this the _27th day of February, 2015, a true and correct copy of the foregoing Brief of Amicus Curiae of the Texas Home School Coalition Association and the National Center for Life and Liberty, Inc. was served electronically or via U.S. mail as follows: Cecilia M. Wood Attorney for Relators Capitol Center 919 Congress Avenue, Suite 830 Austin, Texas 78701 The Honorable Tena Callahan 302 nd Judicial District Court George L. Allen, Sr. Courts Building 600 Commerce Street, Suite 440 Dallas, Texas 75202 Ms. Sandre Streete-Moncriffe Assistant District Attorney Dallas County District Attorney s Office 2600 Lone Star, LB 22 Dallas, Texas 75212 Attorney for Texas Department of Family and Protective Services Mr. Charles Vaughn Dallas County Public Defender s Office George L. Allen Sr. Courts Building 600 Commerce Street 4 th Floor, Room 465G Dallas, Texas 75202 Ms. Delia Gonzales Guardian Ad Litem for the Children 2213 Boll Street Dallas, Texas 75204 8

Ms. LaDeitra D. Adkins 2704 Routh Street, Suite 1 Dallas, Texas 75201 /s/ David C. Gibbs III David C. Gibbs III Attorney at Law 9