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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The Romanian Orthodox Church's Patriarchal Cathedral in Bucharest Wikimedia Commons
Bogdan Stanciu

Romanian news outlet sanctioned for discrimination in attacking pro-life initiative

Bogdan Stanciu
By Bogdan Stanciu

BUCHAREST, Romania -- A decision of CNCD, Romania's Council Against Discrimination, has recently become definitive, recognizing the right to dignity of all Orthodox Christians in the country.

Last year, PRO VITA Association - Bucharest branch, one of the main nonprofits in Romania defending life, family and religious liberty, filed an official complaint with the Council, showing that a blog post dated May 17, 2013 and hosted on the Adevarul.ro platform prejudiced the image of Christian Orthodox believers.

The article, signed "Alex Dumitriu," challenged the support given by the Romanian Orthodox Church to the “One of Us” European initiative, which required a ban on public funding for the destruction of embryos during research and medical procedures.

The blog post described the Romanian Orthodox Church as an “anti-human, criminal and anti-life organization, whose purpose is spreading suffering and abjectness, mysticism and ignorance for their own profit.”

The applicant argued that these allegations created a degrading and hostile atmosphere for Orthodox Christians in Romania, thus harming a whole community.

The Council agreed that the affirmations in the article referred to both the clerics and the simple believers and discriminated against the Christian Orthodox community. It concluded it was discrimination, infringing upon the right to dignity granted to persons of Christian Orthodox confession.

Click "like" if you are PRO-LIFE!

The council cited the European Convention on Human Rights, which states that freedom of expression is not an absolute right in Europe, carrying with it duties and responsibilities. Also, the Adevarul.ro platform was fined a symbolic sum of 2,000 RON (approximately 445 EUR).

It is for the first time in Romania that a media institution is sanctioned for discriminating against Christians.

As a brand, the Adevarul newspaper has continued the tradition of a title established in the 19th century, but after 1989 it took over the infrastructure and human resources of the recently-deceased communist newspaper Scanteia, the official propaganda channel of the Romanian Communist Party. Today it has also developed Adevarul.ro, an online platform that is one of the most popular media channels in Romania.

Adevarul.ro has recently made it a habit of harassing the Romanian Orthodox Church with almost daily frequency, presenting negative aspects in the church and tendentious articles of opinion about this institution and about Creationism and Christianity in general, in what looks more and more like an ideological guerrilla warfare.


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Paul Russell

Nitschke heads a suicide cult that must be stopped

Paul Russell
By Paul Russell

Following The Australian's news story today about another young life lost that was related to Philip Nitschke and the Exit organisation, senior journalist, Angela Shanahan says that Nitschke and Exit must be stopped.

Shanahan opens: 

PHILIP Nitschke, contrary to his claims as an advocate of euthanasia for the terminally ill, is the chief mover of something resembling a suicide cult.

The case histories of Lucas Taylor, 26, and Joe Waterman, 25, who committed suicide after being in contact with Nitschke’s group, Exit, leave little doubt of that.

Lucas Taylor was the subject of the other article in today's paper while Joe Waterman's story was covered earlier in the ABCs 7:30 Report that created the original furore leading to the medical board suspending Nitschke's practicing licence today.

Covering the information Judi Taylor found on her son's computer after his death the story adds: 

His heartbroken mother realised that her son was not the only young person on this site. Nor was anyone on the site interested in the motivation for his thoughts of suicide, nor in helping Lucas to overcome his feelings.

“They were only interested in the ‘endgame’,” she said, including detailed advice about where and when and how to go about it.

Again, this destroys any pretence that Nitschke and Exit are only involved in advising sick and dying people about how to commit suicide. This is a macabre and clandestine death industry. Hope joins with Angela Shanahan in calling for this organisation to be stopped and is joined now in our call for a National Inquiry into Exit and other euthanasia organisations by the mothers of both of the young men mentioned in this article.

Shanahan closes by saying: Nitschke’s claim of political persecution is risible. He and his organisation must be stopped.

Reprinted with permission from NoEuthanasia.org.au.


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Hilary White Hilary White Follow Hilary

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Leaving the Matrix: what is the cost of conversion?

Hilary White Hilary White Follow Hilary
By Hilary White

What do you do when you decide to leave a sexually disordered lifestyle? What do you do, when all the people you have contact with, all your friends, even your family, have accepted and embraced a way of living and thinking about life that you have realized is harmful, psychologically and morally destructive, and which you know you must leave? What is the cost of conversion?

We can easily get caught up in the tumult of the ever-escalating legal, political, and cultural war against the traditional worldview and anthropology, so much that we forget that the “issue” is about real, individual human beings and how they should, concretely, order their lives. We culture warriors must remember that what we are asking people to do is difficult, that it can incur huge sacrifice and loss and will often require enormous upheaval and change. We are asking people to leave not only a “lifestyle” of sexual activity, but an entire world, populated with family, friends, co-workers, colleagues, and an entire global culture that embraces and aggressively promotes it.

I include not only the experience of leaving the “gay lifestyle,” but of leaving a worldview, a cultural paradigm that accepts and promotes sexual license of any kind in general. It is more than the questions surrounding the so-called “ex-gay” movement, and more than the issue of living chastely in an increasingly sexually obsessed world.

How ought a person who experiences same-sex attraction react when it begins to dawn on him that, for whatever reason, he cannot continue to live according to the world’s paradigm? We know how the homosexualist movement says he ought to react, and we know that the secular world (nearly all the world, therefore) is in more or less complete agreement. He should reject such self-negating thoughts. He should embrace his “orientation” and start to seek out same-sex sexual relationships, and carry on in the way that they tell us life is now normally lived.

He should engage in sexual encounters with various people, sometimes setting up “relationships” for varying lengths of time, breaking up, moving on, finding someone else, perhaps cohabitating, and maybe, some day, “settling down” with one person, either in “marriage,” or not, as the mood strikes. This is what the world now presents to us as normal. Nearly every television show and movie set in our times says this is just how people live nowadays. 

It is only too easy for those of us who live out here in The Real to forget how totally different our lives are from that of the majority of our fellow men. We shout, “jump!” because we see a whole other lush, green and happy world, but they see nothing but the shadows on the cave wall.

But those few of us left who think this is not a very good way to live, that it is morally and psychologically destructive, have in large part to forge our own way in life, figure out a set of rules and standards to live by alone, all the while fighting the pressure to conform. Even for those of us not plagued by sexual feelings towards people of the same sex it isn’t easy.

It is particularly not easy for those of us who have decided later in life to try to embrace a different path, but who had previously followed the world’s advice, and who had never known any other way of living. What does it take to totally change a worldview, a method of organizing one’s life and all social relationships? How hard is it to reinvent a way of life that the world has not only abandoned, but aggressively rejected and condemned?

The cost will usually be, at least, the loss of nearly all one’s friends, sometimes even very close friends. Very often it will include alienating, sometimes permanently, one’s own family. Since the Sexual Revolution’s paradigm has now been embraced by three or four or more generations, it will often mean alienation from parents and siblings.

It will sometimes mean the loss of good relations with co-workers and colleagues, and sometimes even the loss of jobs and careers. I know a man, a previously highly respected author, who was totally rejected by the entire literary establishment of his home country, a heavily secular nation, when he embraced Catholicism, including its sexual moral teachings. He told me that he expected he would never be published again outside the Catholic niche press. None of his previous friends would speak to him and for the first two years his mother had refused to take his calls.

He had been asked again and again why, if he felt he had to become a Christian, he could not have become an Anglican. And why this “sudden obsession” with “outdated” and “retrograde” sexual morality? He said that, in essence, he was treated as he would have been in the 19th century had he “come out” as a homosexual. Chastity, in other words, is the new perversion.

It is a momentous decision to leave that world, and people who make that transition compare it to leaving the Matrix: a painful, shocking and revelatory experience of a totally new and previously unguessed-at world that can leave the person disoriented, feeling as though he is now living in a kind of “parallel universe” in which he is alone and alienated from friends and family and fellow citizens.

There is an increasing number of us “converts” to a more morally sane life, who often find that once we have made the transition we are alone again. And even when we find others, a new community and friends – usually in a church – we learn that we must keep the door to the past closed. It’s not that we fear rejection, far from it, and it is not even a matter of shame.

But we understand that in a civilized society, no one wants to hear about barbarity, and we learn that to keep our past life closely in mind is to allow it to continue to rule the present. Close friends will know about our past, but, outside the most intimate circles it is passed over silently. We have reinvented ourselves and moved on, but the price is sometimes to become people with no past. To be wholly remade, it is necessary to leave behind the person we were.

It works. I can say that it is possible to be radically morally rebuilt, that one can reconstruct an entire personality, consciously dismantle past habits of thought and approach to life and replace them with better ones. The damage from the previous life, whether physical or psychological, can be permanent, but it is possible to construct a way of living that is morally and psychologically and physically healthy, and reorder a life in such a way that the damage does not rule your present. 

But it’s expensive. For me, it started when I was still living in British Columbia. I felt something new beginning in my mind and felt a yearning spring up that could not be satisfied by anything I’d experienced… the usual convert’s tale.

I’d been aware all my life that the kind of world we lived in, and the kind of life we lived in it, was somehow just not right. I loved old films and television shows that depicted a totally different way of living. I was close to my grandparents and wondered why we no longer lived that way. When I moved to the mainland in my early 20s, I somehow started going to Mass again, and that was when the real struggle began. I knew full well that the way I lived and thought about life was deeply at odds with the Church.

But I was alone. None of my friends were Catholic and none of them could begin to understand what it was I had begun to talk about. And I had made no friends at the large inner city parish I attended. I had tried to join a few things, and had volunteered a bit, but I could see that I had nothing in common with them. It seemed as though these people lived in another universe, one I could not even want to enter. A priest suggested I get involved in the pro-life movement, and I rejected this idea out of hand as totally absurd.

I thought I could only ask God for help. I prayed for “Catholic friends.” This brought no change, so I scaled down and said, “All right then, just one. Just one Catholic friend.” In the end, I simply got up and left one day. I’ve written elsewhere that I just got in a car and went “on holiday” out east, and never returned. When I landed in the far-eastern Canadian town where I was to undertake my own radical conversion, I only stopped there because I had run out of continent.

And it was there I discovered a whole new world, a moral universe of whose existence I had been previously totally ignorant. I met my “Catholic friends,” and was able to start the painful task of first deconstructing and then rebuilding my entire worldview, my character, my beliefs, my total understanding of life, the universe, and everything.

“Painful”? I barely survived. It took a year but I emerged a new kind of person in a new kind of world that I had never suspected existed. I met a group of other people who had undergone the same experience and we traded war stories. We agreed that it was like living in a parallel universe, and we bonded over the loss of previous friendships and family relationships. We helped each other, this little group of Catholic refugees on the rain-washed East Coast, to figure out a way to live in a world to which we no longer belonged. 

We talk about the programs set up by various individuals and groups that propose to help people, (mainly men) leave the homosexual lifestyle. We defend the right of psychotherapists to offer healing and help for people who have been damaged by their own choices and by the violence and sins of others. We lobby our Parliaments, we write articles, we even argue in comment boxes on the internet. We sometimes get brave and give talks and engage in public debates where we confront our ideological opponents in public venues. In all this, we rightly speak against the New Paradigm that the world has embraced and we urge people to reject it. It’s a form of evangelization.

But I think we need to keep in mind, while we are doing this good work, that what we are asking people to do, concretely, is momentous. Indeed, from the point of view of heaven, it is of cosmic significance. In less exalted terms, however, we are asking something almost unimaginably difficult of people ensnared in a way of living and thinking that they may not even completely understand themselves.

So much of our anti-culture, our death-culture, has been simply absorbed unconsciously, so much of it has been fed to us with our Fruit Loops and Saturday Morning Cartoons from earliest childhood, that we often have no way of knowing anything else exists. We have become people trapped in Plato’s Cave, knowing only the vaguest shadows of reality.

It is only too easy for those of us who live out here in The Real to forget how totally different our lives are from that of the majority of our fellow men. We shout, “jump!” because we see a whole other lush, green and happy world, but they see nothing but the shadows on the cave wall.

Ultimately, the Matrix is not only unreal, it is designed to make men miserable, but in such a way that they are hardly aware of being miserable. It not only enslaves, but tortures its victims. There is a reason that suicide, divorce, drug use, violent crime, self-harm, eating disorders, depression, … misery, in short, have grown to such colossal proportions in our societies.

If I may make a suggestion, maybe we could start writing and talking about how much better it is to live in The Real. How much happier it is possible to be when living a morally integrated life of self-control, not being pushed around either by lust or by the merciless demands of a lust-worshipping culture...a life of real freedom, in other words. It might help make the jump less frightening.


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