Michael Farris, J.D., LL.M.

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Banning homeschooling does not violate rights: U.S. Attorney General’s office

Michael Farris, J.D., LL.M.
By Michael Farris LL.M.

Editor's Note: Michael Farris is the Founder and Chairman of the Home School Legal Defense Association.

February 12, 2013 (HSLDA) - Having immersed myself for about eight days in writing a brief for the Romeike family (a German homeschooling family who fled to the United States for political asylum), I wanted to share some insights I gained into the view of our own government toward the rights of homeschooling parents in general.

You will benefit from some context.

The U.S. law of asylum allows a refugee to stay in the United States permanently if he can show that he is being persecuted for one of several specific reasons. Among these are persecution for religious reasons and persecution of a “particular social group.”

In most asylum cases, there is some guesswork necessary to figure out the government’s true motive—but not in this case. The Supreme Court of Germany declared that the purpose of the German ban on homeschooling was to “counteract the development of religious and philosophically motivated parallel societies.”

This sounds elegant, perhaps, but at its core it is a frightening concept. This means that the German government wants to prohibit people who think differently from the government (on religious or philosophical grounds) from growing and developing into a force in society.

Dressed-up Totalitarianism

It is thought control. It is belief control. It is totalitarianism dressed up in politically correct lingo.

But my goal today is to not belabor the nature of German repression of homeschooling; rather I seek to reveal the view of the United States government to all of this.

The Romeikes’ case is before the United States Court of Appeals for the Sixth Circuit. The case for the government is officially in the name of the Attorney General of the United States. The case is called Romeike v. Holder. Thus, the brief filed by the U.S. Department of Justice is filed on behalf of the attorney general himself—although we can be reasonably certain he has not personally read it. Nonetheless, it is a statement of the position of our government at a very high level.

We argued that Germany is a party to many human rights treaties that contain specific provisions that protect the right of parents to provide an education that is different from the government schools. Parents have the explicit right to give their children an education according to their own philosophy.

While the United States government argued many things in their brief, there are three specific arguments that you should know about.

No Homeschooling? No Problem.

First, they argued that there was no violation of anyone’s protected rights in a law that entirely bans homeschooling. There would only be a problem if Germany banned homeschooling for some but permitted it for others.

Now in reality, Germany does permit some people to homeschool, but it is rare and in general Germany does ban homeschooling broadly—although not completely. (Germany allows exemptions from compulsory attendance for Gypsies and those whose jobs require constant travel. Those who want to stay at home and teach their own children are always denied.)

But, let’s assess the position of the United States government on the face of its argument: a nation violates no one’s rights if it bans homeschooling entirely.

There are two major portions of constitutional rights of citizens—fundamental liberties and equal protection. The U.S. Attorney General has said this about homeschooling. There is no fundamental liberty to homeschool. So long as a government bans homeschooling broadly and equally, there is no violation of your rights. This is a view which gives some acknowledgement to the principle of equal protection but which entirely jettisons the concept of fundamental liberties.

A second argument is revealing. The U.S. government contended that the Romeikes’ case failed to show that there was any discrimination based on religion because, among other reasons, the Romeikes did not prove that all homeschoolers were religious, and that not all Christians believed they had to homeschool.

Targeting Individual Rights

This argument demonstrates another form of dangerous “group think” by our own government. The central problem here is that the U.S. government does not understand that religious freedom is an individual right. One need not be a part of any church or other religious group to be able to make a religious freedom claim. Specifically, one doesn’t have to follow the dictates of a church to claim religious freedom—one should be able to follow the dictates of God Himself.

The United States Supreme Court has made it very clear in the past that religious freedom is an individual right. Yet our current government does not seem to understand this. They only think of us as members of groups and factions. It is an extreme form of identity politics that directly threatens any understanding of individual liberty.

One final argument from Romeikes deserves our attention. One of the grounds for asylum is if persecution is aimed at a “particular social group.” The definition of a “particular social group” requires a showing of an “immutable” characteristic that cannot change or should not be required to be changed. We contend that German homeschoolers are a particular social group who are being persecuted by their government.

The U.S. government says that Germany’s ban on homeschooling does not meet this standard because, of course, the family can change—they can simply stop homeschooling and let their children go to the public schools. After all, the U.S. government says, the children are only in public schools 22-26 hours a week. After that the parents may teach what they want.

Faulty Understanding

There are two main problems with this argument. First, our government does not understand that families like the Romeikes have two goals when they chose homeschooling. There are things they want to teach and there are things they want to avoid their children being taught in the government schools.

Does anyone think that our government would say to Orthodox Jewish parents, we can force your children to eat pork products for 22-26 hours per week because the rest of the time you can feed them kosher food?

Freedom for the mind and spirit is as important as freedom for the body and spirit.

This argument necessarily means that the United States government believes that it would not violate your rights if our own government banned homeschooling entirely. After all, you could teach your children your own values after they have had 22-26 hours of public school indoctrination aimed at counteracting religious and philosophical views the government doesn’t like.

The second problem with this argument goes back to the definition of immutability. Immutable means a characteristic that cannot be changed or “should not be required” to be changed.

No one contends that homeschooling is a characteristic that cannot be changed. We simply contend that in a free nation it is a characteristic that should not be required to be changed.

Germany has signed international treaties which proclaim that parental rights are a prior right over any views of the government when it comes to education. In fact, the movement for the adoption of these treaties came in reaction to the world’s horror at broad-ranging attack on human rights that Germany perpetrated in the events surrounding World War II. Nazi Germany believed that the children belonged first to the state. The world community answered that and said, no, parental rights are prior to those of the government.

Eliminating the Right to Choose

When the United States government says that homeschooling is a mutable choice—they are saying that it is a characteristic that a government can legitimately coerce you to change. In other words, you have no protected right to choose the education for your children. Our nation could remove your ability to homeschool and your choice would be mutable—since the government has the authority to force you to implement their wishes.

The prospect for German homeschooling freedom is not bright. But we should not reserve all of our concern for the views of the German government. Our own government is attempting to send German homeschoolers back to that land to face criminal prosecutions with fines, jail sentences, and removal of custody of children.

We should understand that in these arguments by the U.S. government, something important is being said about our own liberties as American homeschoolers.

The Attorney General of the United States thinks that a law that bans homeschooling entirely violates no fundamental liberties.

It is important that Americans stand up for the rights of German homeschooling families. In so doing, we stand up for our own.

Reprinted with permission from the Home School Legal Defense Association.

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A protester rallies against Hobby Lobby, protesting against the Supreme Court decision Dan Holm/Shutterstock
Dustin Siggins Dustin Siggins Follow Dustin

DNC chairwoman exhorts constituents to boycott local Hobby Lobby store

Dustin Siggins Dustin Siggins Follow Dustin
By Dustin Siggins

The Supreme Court's Hobby Lobby decision was nearly two months ago, but the issue as hot as ever, as was demonstrated yesterday when Democratic National Committee chairwoman Debbie Wasserman Schulz, D-FL, urged constituents to boycott a Hobby Lobby store in her district.

In a press conference one lot away from the Hobby Lobby location in Davie, which opened in April, Wasserman-Schultz said that she wanted "people to know that this Hobby Lobby is here and they should vote with their purses and their pocketbooks, and women should not shop here."

"If you didn’t know this Hobby Lobby was here before, know it now and don’t shop here. They don’t deserve women’s business because they are the ones that all across the country have made it harder for women to get access to birth control,” she said.

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Wasserman-Schultz said that Hobby Lobby's corporate ownership "doesn’t support its employees" and "wants to be able to get in the personal business of their employees and make health care decisions and replace their own values, replace their employees’ health care decisions, with their values…."

She also criticized the Supreme Court's late June decision in favor of Hobby Lobby, which had sued the federal government over the Obama administration's HHS Mandate.

The Green family, which owns Hobby Lobby, say it violates their conscience to pay for coverage for the four abortifacients and potential abortifacients that the mandate required them to cover.

"The Supreme Court’s decision in the Hobby Lobby case was not only disappointing, it was dangerous," said the Democrat. "No boss should have the right to dictate and employee’s health decisions because [they] don’t belong in the bedrooms, doctor’s offices or pharmacies of their employees.

"A woman and her doctor know what’s best for their body. Not an insurance company. Not a politician. And certainly not a manager at a Hobby Lobby."

The Supreme Court's decision allowed closely held corporations to not fund coverage of contraception or abortion drugs and devices.

Wasserman-Schultz's office did not respond to multiple requests for comment.

Through a spokesperson, the Green family declined to comment about the Congresswoman's statements. 

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Kirsten Andersen Kirsten Andersen Follow Kirsten

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America is rejecting abortion because pro-lifers are having more children: study

Kirsten Andersen Kirsten Andersen Follow Kirsten
By Kirsten Anderson

According to a new Northwestern University study, American attitudes about abortion are trending more conservatively than other contentious social issues, a phenomenon the authors credit to the simple fact that pro-lifers have more kids.

“We find evidence that the abortion attitudes have lagged behind a liberalizing trend of other correlated attitudes,” the authors wrote. Using GSS data collected between 1977 and 2010, “We test[ed] the hypothesis that the comparatively high fertility of pro-life individuals has led to a more pro-life population.”

The authors wrote: “Support for abortion rights has turned flat after a period of increase following Roe v. Wade, and in recent years there are even indications of a reversal toward more restrictive attitudes. This U-turn is evinced particularly among younger cohorts, and is happening despite liberalizing trends in several ostensibly related issue domains.”

The authors speculated that the reason for the increase in pro-life attitudes among young people is that their parents had more children than their pro-abortion counterparts. When they examined the data, they found that pro-life individuals had, on average, 27 percent more children than those who considered themselves “pro-choice.”

Not only that, but pro-life parents appear to be much more likely to pass their views on to their children. The researchers found that the younger generation’s pro-life shift was too strong to be blamed solely on differences in fertility – meaning children of pro-abortion parents are rejecting their parents’ views.

“[E]ither pro-life beliefs are always more faithfully transmitted than pro-choice ones; or, there has been a cultural shift towards more pro-life beliefs that is being reflected in the parent-child correlations,” the authors wrote.

The study concluded that if it wasn’t for the higher fertility rate among pro-life people, the nation as a whole would favor abortion by about five percentage points more than it does currently – and researchers predict the pro-life trend will continue.

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“Taken together, these findings suggest that fertility has had at least some part in leading the population in a more pro-life direction over time,” the authors wrote. “Further investigation into this pattern indicates that not only are abortion attitudes associated with fertility, but in proportional terms—which is what matters for cultural change—the gap is widening.”

“Fertility has declined for both pro-choice and pro-life groups over the past 30 years, but fertility has declined far less markedly for pro-life individuals,” they added. “Whereas pro-[life] individuals born before 1940 were only having about 1.2 children per one child born to a pro-choice parent, this ratio has grown to over 1.5 for those born in the mid to late 1970s. This pattern suggests that future cohorts may place an even stronger demographic drag on the liberalization of abortion attitudes.”

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A declaration that PP is an 'enemy of the Church' would mean that Catholics who work with, advocate for, or support Planned Parenthood, incur automatic excommunication. American Life League
Lisa Bourne

New campaign asks Pope Francis to declare Planned Parenthood an ‘enemy of the Church’

Lisa Bourne
By Lisa Bourne

The Catholic pro-life organization American Life League (ALL) is launching a campaign calling for the Catholic Church to declare Planned Parenthood an “enemy of the Church.”

Using prayer and education, ALL’s Defend the Family campaign seeks to expose the nation’s largest abortion provider for contribution to the destruction of human lives, as well as the family. 

The campaign, said Jim Sedlack, vice-president of ALL, is quite simply “a way of calling attention to the fact that this is a very bad organization.”

“Planned Parenthood is attacking the family, either by killing preborn children or by robbing the souls of the older children,” he said. 

A declaration that PP is an “enemy of the Church” would mean that Catholics who work with, advocate for, or support Planned Parenthood, incur automatic excommunication.

Such a declaration would not be unprecedented. Popes in the past have identified and condemned organizations that posed a grave threat to the Church, most recently Pope Pius XII in 1949 with Communism and Pope Clement XII in 1738 with Freemasonry.

While specifics would depend on the wording of the Papal pronouncement, Sedlak told LifeSiteNews if the Holy Father makes the declaration there would be no mistaking its intent.

“When the pope makes the declaration it becomes crystal clear,” Sedlak said. “There’ll be no shades of gray, it’ll be black and white, it’ll be clear to the world.”

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'Now is the time'

There are still people who are not fully aware of the extent of the societal damage inflicted by Planned Parenthood, said Sedlak, including members of the Church hierarchy. He said it’s important to emphasize the truth of what the abortion giant does.

“That’s why we’re focusing on the enemy,” said Sedlak. “When people really stop and focus on Planned Parenthood, they realize it’s the enemy.”

ALL cites Planned Parenthood’s targeting of children to sexualize them as a major cause of the destruction of the family and a fundamental reason for the Defend the Family campaign.

“They really push for getting young people into lives of sexual sin,” Sedlak said. “Young people who aren’t pulled into sexual activity do not provide a cent of income to Planned Parenthood, but young people who are pulled in provide millions of dollars to the Planned Parenthood empire.”

ALL compiled a comprehensive report on Planned Parenthood titled, “The Vatican can help save souls from Planned Parenthood,” as part of the Defend the Family campaign.

“The document builds the case,” said Sedlak. “Why Planned Parenthood, why now is the time.”

Sedlak told LifeSiteNews that for its part Planned Parenthood has always recognized that its greatest enemy is the Catholic Church, even working to have the Church lose its status at the UN.

“They fight anybody who wants to take sex away from the kids in any way possible,” Sedlak said. “That’s one reason why Planned Parenthood is the sex mafia.”

And when Sedlak uses the term “mafia,” he means it literally, pointing out that the Holy Father condemned the mafia in his June 21, 2014, homily in Calabria, Italy, denouncing its, “Adoration of evil and contempt for the common good.”

“Planned Parenthood kills far more people than the mafia,” Sedlak said.

Also underscoring the need for the Vatican to act on declaring Planned Parenthood an enemy of the Church, is the convening of the Extraordinary Synod on the Family this October in Rome, which will lead into the general synod in 2015.

Sedlak told LifeSiteNews that these, along with the 2015 World Meeting of Families in Philadelphia, are events that ALL will rally around to raise awareness of the Defend the Family campaign.

Preliminary response to the campaign has been very positive, he said.

Sedlak told LifeSiteNews that the “Vatican can help save souls from Planned Parenthood” report was so well received upon initial presentation to Vatican officials, that ALL was asked to translate it into three more languages.

“The support we’ve gotten from talking to bishops has been overwhelming,” Sedlak said.

Prayer is priority #1

The Defend the Family campaign consists first and foremost of prayer, Sedlak told LifeSiteNews.

“Our approach is that we need prayer support,” he said. “The only way that we’re going to succeed is through prayer to the Blessed Mother; the only way it will succeed is if God wants it to succeed.”

Participants are asked to say regular prayers after Mass, to offer prayers for the pope and to initiate communication with local bishops about the dangers that Planned Parenthood poses to the faithful.

Sedlak also added that The Defend the Family campaign is for everyone, not just Catholics.

He said pro-life supporters of all faith traditions are invited to contact ALL for assistance in encouraging their religious denomination or church leader to declare Planned Parenthood an enemy.

In addition to prayers for the campaign, ALL is asking people to sign and submit ALL’s Declaration of Encouragement to the Holy Father, enroll in the Spiritual Bouquet for the Holy Father and to share ALL resources on Planned Parenthood.

Information, links and resources are available on the campaign website, defendthefamily.org.

Sedlak told LifeSiteNews that ALL is giving the success of the Defend the Family campaign up to God.

“This is all happening in God’s time, and so far he’s been blessing us mightily,” Sedlak said. “And we’re going to go wherever God takes us.”

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