U.S. district Judge Stephen Murphy III dismissed a lawsuit arguing that Detroit students have been denied access to literacy. In the 40-page decision, he ruled that access to literacy is not a constitutional right. Legally speaking, that’s true. But as a country, we should be alarmed that students would feel the need to bring such a lawsuit in the first place.
As Murray points out, the Due Process Clause does not mandate that “a state affirmatively provide each child with a defined, minimum level of education by which the child can attain literacy.” Additionally, he writes that literacy is not a fundamental right and the “Supreme Court has repeatedly emphasized … that the importance of a good or service ‘does not determine whether it must be regarded as fundamental[.]’”
After all, housing and jobs are very important, but the government is not constitutionally bound to provide those goods. Moreover, the Supreme Court has limited fundamental rights to those without which “neither liberty nor justice would exist.”
Not being a fundamental right doesn’t mean literacy isn’t critically important to the functioning of democracy. Detroit Public Schools are clearly failing to do this. Even in his dismissal, Judge Murphy acknowledged this writing, “the condition and outcomes of plaintiffs’ schools, as alleged, are nothing short of devastating.”
Just as government laments unemployment for its detrimental effects on the economy, lack of education should also be at the forefront of national conversations.
Without basic literacy, Americans are unable to fill most jobs, engage in local or national politics and navigate the everyday needs of modern life. Judge Murphy recognizes this, writing, “plainly, literacy — and the opportunity to obtain it — is of incalculable importance.” He added, “When a child who could be taught to read goes untaught, the child suffers a lasting injury — and so does society.”
Illiteracy among some has concrete consequences for the whole society. Those who are unable to read are much more likely to suffer from poverty, end up in the criminal justice system, and raise children who themselves never learn to read. Just because access to literacy is not a constitutional right doesn’t mean that we shouldn’t take it seriously.
