Three Catholic families have filed a lawsuit challenging the eligibility requirements of the US State of Georgia’s school scholarship program, claiming the rules violate their religious freedom.

Passed in 2024, the program grants up to $6,500 (~€5,500) per child annually. The state funds can be used for private school tuition, homeschooling expenses or therapy services.

However, it requires that students must have first attended a state (secular) school for at least two semesters before they can apply.

Exemptions are offered for military families, pre-school children who have not started ‘big school’ and recent adoptees. No exemption is offered for religious reasons.

The lawsuit contends that religious families have a religious obligation to give a religious education to their child, but forcing them to attend a secular state school for a year would be unduly burdensome against the free practice of their religion.

Lead attorney, Nathan Loyd, said the children’s schooling would have no catechism, no access to sacraments, no prayer, no learning about their faith’s history or saints.

One mother who enrolled her daughter in a state school said it caused her to hide her faith and become isolated and withdrawn. A change to a mixed Catholic homeschool network led to her flourishing again. She said she does not want to put her son through the same experience just to access state funding.