Behind any legislation, even well-intentioned legislation, which infuses public money into the private spheres of community and family life, lurks many dangers to liberty. This danger is greatest in the education of children because their education goes far beyond the mere transmission of neutral facts and figures floating around outside of meaningful context. Instead, children, as human beings and not mere data crunching machines, always receive facts and figures within a context or framework of meaning. These facts are always communicated- both implicitly and explicitly- in the context of a wider world and life view which answers the larger questions: religious questions of meaning and purpose such as “Why am I here?” and “How am I to live?” Education by its very nature is a religious exercise, which brings concern for the inalienable rights of human beings to bear upon this legislation.

               In fact, it is in the education of children that we find an intersection between the inalienable right of freedom of conscience and of religion and the inalienable right of parents to direct the upbringing of their children. Education is an inculcation or passing along of a world and life view; again it is a religious exercise. Freedom of religion or conscience is clearly delineated in both the First Amendment and in Article One Section 3 of the Tennessee Constitution. Therefore, in the state of Tennessee, parents are guaranteed the freedom to pass along their religious and life view as dictated by their conscience. Opening the door to further governmental mandates regarding parents and their children’s education endangers these rights. This ESA legislation, with its infusion of public money into the private schools and homeschools, opens a door for ever greater government infringement upon the God-given responsibility of parents.   

               Therefore, the interweaving of the inalienable rights of freedom of religion with inalienable parental rights within the arena of education demands that the government refrain from unconstitutionally inserting its power where parental responsibility lies because it is the sworn duty of our legislators to wield their power within the constitutional framework. Those proposing expansion to a universal ESA program in Tennessee must answer for their willingness to open a door regarding state usurpation of these ordained, inalienable rights and responsibilities of parents. Rather than institute tax relief measures for families, this legislation creates another government program, and we all know that government programs cost public money. Inevitably, this public money requires accountability from those involved. In this program, parents and private schools will be held accountable for outcomes measurement, but measurements require standardization for comparison between various cohorts. In this case standardized tests like the TCAP will be required by the state- perhaps first for those taking the money but which could later easily extend to every child in a private institution which accepts any ESA funding. Such bills have already been proposed. We do not yet know if private entities will be forced to take the ESA vouchers, though that measure has been proposed in the past. Universal accountability through universal measurement logically flows from putting public money in private institutions.

               Here the inalienable rights of parents bump up against the public’s right to know the outcomes from the use of their public money. Although parents in the private system may hold significantly divergent worldviews from those appointed to the bureaucratic boards, because of the public money flowing into their private institutions, the door has been opened for government mandates to infringe upon the parent’s inalienable right to direct the upbringing of their own children- such as through mandatory testing which would fail to properly assess children in non-conventional educational settings. Therefore, in order to continually “prove” to the state that they have the “right” to rear their own children, parents will be forced to teach towards a test chosen by the state, regardless of their parental choice or their child’s needs. This use of governmental force upon the family violates freedom of conscience and parental rights.

               Further, public money flowing into private institutions opens the door to government intrusion into the community and family, contrary to the Tennessee Constitution. Section XI Article 12 reads, “The General Assembly shall provide for the maintenance, support and eligibility standards of a system of free public schools.” It does not give the General Assembly the authority to oversee or delegate the oversight of education for those involved in private education- precisely what public money use will demand.

               Much more could be said about the dangers of this type of legislation.  Both my stated and unstated concerns are borne out by evidence from other states and by logical inference. ESA legislation as applied to private schools and homeschools through the infusion of public money into private education opens wide the door to impingement upon the inalienable rights and responsibilities of parents in directing the upbringing and education of their children, especially as inextricably related to freedom of religion. Contrary to the claims of its proponents, this plan fails as Parent Choice legislation; it should instead be called State Choice legislation.