With the recent passing of Sandra Day O’Connor, the first woman to serve on the United States Supreme Court, it’s worth remembering the impact she had on several foundational issues that are priorities for Sutherland Institute.

Appointed by President Ronald Reagan, and serving on the court from 1981 to 2006, O’Connor was a key voice on cases dealing with education, religious freedom and family issues – many of which have a lingering effect today.

On Education

Near the conclusion of her tenure, O’Connor was the swing vote in Zelman v. Simmons-Harris, a case challenging Ohio’s private school vouchers for low-income students. In her concurrence, O’Connor said that the program is constitutional and aligns with the Establishment Clause because it provides “true private choice” rather than favoring one religion or school over another.

 O’Connor’s impact on education continued beyond her tenure on the court, as she later founded iCivics, an educational program aimed to educate students on American civics by providing teachers with resources to aid in their classes.

On Religious Freedom

In Westside Community Board of Education v. Mergens, a local board of education sought to bar students from starting a Christian Bible club after school. O’Connor, in her majority opinion, stated that such a club has the right to exist, given that other non-curriculum student groups are permitted.

The Ninth Circuit Court of Appeals recently heard a similar case out of California, regarding a school club called the Fellowship of Christian Athletes. Sutherland’s Constitutional Law and Religious Freedom Fellow Bill Duncan asserted that the rights afforded by the Equal Access Act of 1984 protect the Fellowship of Christian Athletes, much like the group in Mergens.

On Family 

In a speech given at the University of Pennsylvania Law School’s Family Law Symposium in 2000, O’Connor said, “The family is at the heart of the American life….”

“The ultimate goal,” she said, “…is to maintain and improve a legal system that protects and respects the family, both as a unit and as a group of individuals with their own rights and interests.”

Sutherland Visiting Scholar Brad Wilcox wrote in a recent article that “one of the strongest predictors of a state’s economic success is strong families.”

By putting the family at the “heart of the American life,” its role as a fundamental institution of society is strengthened.

Conclusion

Sandra Day O’Connor’s service on and away from the United States Supreme Court has left a lasting impact on educational choice and opportunity, religious freedom protections, and the role of the family as a central institution for society.