Leebaert v. Harrington

SACK, Circuit Judge.

Plaintiff-Appellant Turk Leebaert (“Leebaert”) argues that his constitutional right to direct the upbringing and education of his child requires the defendants, upon his request, to excuse his minor son, Corky Leebaert, from attending health education classes at a public school administered by the defendants. Leebaert further argues that the right so to excuse his son is, as a matter of constitutional law, “fundamental.” His son may therefore be required to attend classes teaching the health curriculum only if the requirement that he do so withstands constitutional “strict…