In Jacob Kissell v. The Board of the President and Directors of the St. Louis Public Schools, Kissell argued that he had been wrongfully dismissed from his position as a teacher in one of the public schools due to his religious beliefs. He claimed that this dismissal violated both Missouri state law and the United States Constitution's guarantee of freedom of religion, which prohibits government interference with an individual's right to practice their faith without fear or penalty. The Supreme Court ultimately ruled against Kissel, finding that while it was true that Missouri state law prohibited discrimination based on religion when hiring teachers for public schools, there was no such protection under federal law at the time; thus, they found no violation by either party in this case.

In the case of Jacob Kissell v. The Board of the President and Directors of the St. Louis Public Schools, Justice McLean delivered a dissenting opinion in which he argued that while it was true that Missouri had passed an act requiring all children to attend school, this did not necessarily mean that parents were obligated to send their children to public schools if they chose otherwise. He further argued that since there was no law specifically prohibiting private education or mandating attendance at public schools, then parents should be allowed to choose where their children are educated without fear of penalty from the state. In conclusion, Justice McLean stated his belief that any attempt by states or local governments to interfere with parental rights in regards to educational choices would be unconstitutional and therefore invalid under both federal and state laws.