论美国判例中家庭教育权的演变

On Changes of the Right to Control the Upbringing of Children in U.S. Courts' Decisions

虽然美国公立学校的义务教育相当发达，但家庭为子女选择教育方式的权利并未完全消失。为此，联邦最高法院承认，家庭教育权为宪法权利，政府不能随意剥夺。但为了保护儿童和政府的利益，此后法院不同程度地限制家庭教育权。进入21世纪以后，政府基于宽容的自由主义精神，在公立学校中推行多元文化的教育课程，法院也不再支持家庭以宗教信仰为由，反对公立学校设置与其信仰相抵触的课程。但即便这样，家庭仍有选择私立学校或在家庭施教的权利。

Although public school education is very developed in U.S.， the parents still have the rights to control the upbringing of their children to some extent. The federal courts acknowledge the parental right to control the upbringing of children as a constitutional right which cannot be abolished arbitrarily be the state. However the courts have limited this right in order to protect the interests of children and states. The states have developed education program advocating multi-cultures in the 21st century based on the liberal thoughts of tolerance. Therefore the federal courts no longer support some parents' claim against education program in public schools that is not in line with their religious belief. But these parents have rights to choose to send their children to private schools or to teach them at home.