According to ADF allied attorney John Anthony Simmons, the court acknowledges that the girl in question is doing well socially and academically, but he adds that the court went too far when they determined that the girl's Christian faith was a "bit to0 sincerely held and must be sifted, tested by, and mixed among other worldviews."
Simmons contends that parents have a "fundamental right to make educational choices for their children." However the girl's parents divorced in 1999, and she is now living with her mother who has been homeschooling the child since first grade. As part of the schooling, the young girl has been attending supplemental public school classes.
As part of parental custody hearings, a court-appointed guardian stated that the child reflected her mother's "rigidity" on questions of faith and added that girl's best interest would be served by exposure to a public school setting.
According to the New Hampshire Supreme Court, Home Education is an enduring American tradition and right. ADF concludes, based on that statement, that there is no legitimate legal basis for this latest court ruling.