In the case Gary B. v. Whitmer, 2020 U.S. App. LEXIS 13110 (6th Cir. 2020), the Sixth Circuit Court of Appeals held that there is constitutional right to literacy under the Fourteenth Amendment.
In this case, a group of students sued the state Michigan for failing to deliver adequate schools that deliver minimum education in the City of Detroit. The outcomes from the schools in the City of Detroit were significantly below state standards and national averages resulting in students with poor literacy.
The Sixth Circuit Court of Appeals held that under the constitution a basic minimum education is a fundamental right, which includes access to literacy. The Sixth Circuit Court reasoned that access to literacy is crucial to the exercise of other rights fundamental in the Constitution.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.