Defending Education Files an Amicus Brief in E.K. v. Department of Defense Education Activity

Lawsuits


On April 2, 2026, Defending Education (DE) filed an amicus brief with the United States Court of Appeals
for the Fourth Circuit in E.K. v. Department of Defense Education Activity. “In its brief, DE argued that the Department of Defense Education Activity (DoDEA) rightly removed school materials that it deemed to possibly conflict with parental rights and the long-recognized ability of parents to direct their child’s upbringing. The Supreme Court made clear in Meyer v Nebraska (1923) that schools possess the ability to determine what educational materials to include. Unlike so many other schools, DoDEA erred on the side of eliminating divisive materials, not including them, and specifically did so in an effort to protect parental rights. We look forward to DoDEA’s sound choices being vindicated by the appellate court.