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


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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Pelosi asked: Is unborn baby with human heart a ‘human being’? Responds: ‘I am a devout Catholic’

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By Dustin Siggins

Tell Nancy Pelosi: No, supporting abortion and gay 'marriage' is not Catholic. Sign the petition. Click here.

WASHINGTON, D.C., October 2, 2015 (LifeSiteNews) -- Top Democrat Nancy Pelosi, D-CA, won't say whether an unborn child with a “human heart” and a “human liver” is a human being.

Pelosi, who is the Minority Leader in the House, was asked a question about the issue by CNS News at a press conference last week. The conservative news outlet asked, "In reference to funding for Planned Parenthood: Is an unborn baby with a human heart and a human liver a human being?”

Pelosi stumbled over her answer, saying, “Why don't you take your ideological questions--I don't, I don't have—”

CNS then asked her, "If it's not a human being, what species is it?”

It was then that Pelosi got back on stride, swatting aside the question with her accustomed reference to her “devout” Catholic faith.

“No, listen, I want to say something to you,” she said. “I don't know who you are and you're welcome to be here, freedom of this press. I am a devout practicing Catholic, a mother of five children. When my baby was born, my fifth child, my oldest child was six years old. I think I know more about this subject than you, with all due respect.”

“So it's not a human being, then?” pressed CNS, to which Pelosi said, “And I do not intend to respond to your questions, which have no basis in what public policy is that we do here.”

Pelosi has long used her self-proclaimed status as a “devout” practicing Catholic to promote abortion.

In response to a reporter’s question a proposed ban on late-term abortion in 2013, Pelosi said that the issue of late-term abortion is "sacred ground" for her.

"As a practicing and respectful Catholic, this is sacred ground to me when we talk about this," Pelosi said. "This shouldn't have anything to do with politics."

In 2008, she was asked by then-Meet the Press host David Gregory about when life begins. Pelosi said that "as an ardent, practicing Catholic, this is an issue I have studied for a long time. And what I know is that over the centuries, the doctors of the Church have not been able to make that definition....We don't know."

The Church has always taught that unborn human life is to be protected, and that such life is created at the moment of conception.

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New video: Planned Parenthood abortionist jokes about harvesting baby’s brains, getting ‘intact’ head

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By Ben Johnson

I interviewed my friend, David Daleiden, about his important work exposing Planned Parenthood's baby body parts trade on the Glenn Beck Program. David urged Congress to hold Planned Parenthood accountable and to demand the full truth. He also released never-before-seen footage showing a Planned Parenthood abortionist callously discussing how to obtain an intact brain from aborted babies.

Posted by Lila Rose on Monday, October 5, 2015


Sign the petition to defund Planned Parenthood here

WASHINGTON, D.C., October 5, 2015 (LifeSiteNews) - In the newest video footage released by the Center for Medical Progress, a Planned Parenthood abortionist laughs as she discusses her hope of removing the intact "calvarium," or skull, of an unborn baby while preserving both lobes of the brain.

She also describes how she first dismembers babies up to twenty weeks gestation, including two twenty-week babies she said she aborted the week before.

Dr. Amna Dermish, an abortionist with Planned Parenthood of Greater Texas, told undercover investigators she had never been able to remove the calivarium (skull) of an aborted child "intact," but she hopes to.

"Maybe next time," the investigator said.

"I know, right?" Dr. Dermish replied. "Well, this'll give me something to strive for."

Dermish, who performs abortions up to the 20-week legal limit in Austin, then described the method she used to collect fetal brain and skull specimens.

"If it’s a breech presentation [in which the baby is born feet first] I will remove the extremities first - the lower extremities - and then go for the spine," she began.

She then slides the baby down the birth canal until she can snip the spinal cord.

The buyer noted that intact organs fetch higher prices from potential buyers, who seek them for experimentation.

"I always try to keep the trunk intact," she said.

"I don't routinely convert to breech, but I will if I have to," she added.

Converting a child to the breech position is the first step of the partial birth abortion procedure. The procedure has been illegal since President Bush signed legislation in 2003 making it a federal felony punishable by two years in prison and a fine of $250,000.

According to CMP lead investigator David Daleiden, who debuted the video footage during an interview with Lila Rose on The Blaze TV, Dr. Dermish was trained by Planned Parenthood's senior director of medical services, Dr. Deborah Nucatola.

Dr. Nucatola was caught on the first CMP undercover video, discussing the side industry while eating a salad and drinking red wine during a business luncheon.

Between sips, she described an abortion process that legal experts believe is a partial birth abortion, violating federal law.

“The federal abortion ban is a law, and laws are up to interpretation,” Dr. Nucatola said on the undercover footage. “So, if I say on day one that I don't intend to do this, what ultimately happens doesn't matter.”

Daleiden told Rose he hoped that Congressional investigators would continue to pressure the organization about whether the abortion technique it uses violates federal law, as well as the $60-per-specimen fee the national organization has admitted some of its affiliates receive.

Trafficking in human body parts for "valuable consideration" is also a federal felony carrying a penalty of up to 10 years in prison and a $500,000 fine.

"That would be enough to construct a criminal case against Planned Parenthood," Daleiden said.

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Nancy Flanders


He used to be an abortionist; now, he fights to save the lives of the preborn

Nancy Flanders
By Nancy Flanders

October 5, 2015 (LiveActionNews) -- In 1976, Dr. Anthony Levatino, an OB/GYN, graduated from medical school and was, without a doubt, pro-abortion. He strongly supported abortion “rights” and believed abortion was a decision to be made between a woman and her doctor.

“A lot of people identify themselves as pro-life or pro-choice, but for so many people, it doesn’t really touch them personally; it doesn’t impact their lives in the way that I wish it would. If nothing more than in the voting booth, if nowhere else,” said Levatino in a speech for the Pro-Life Action League. “But when you’re an obstetrician / gynecologist and you say I’m pro-choice – well, that becomes rather a more personal thing because you’re the one who does the abortions and you have to make the decision of whether you’ll do that or not.”

Levatino learned how to do first and second trimester abortions. Thirty to forty years ago, second trimester abortions were done by saline injection, which was dangerous.

"For the first time in my life, after all those years, all those abortions, I really looked, I mean I really looked at that pile of goo on the side of the table that used to be somebody’s son or daughter and that’s all I could see."

At that same time, Levatino and his wife were struggling with fertility problems and were considering adoption. They knew however, how difficult it was to adopt a newborn.

“It was the first time that I had any doubts about what I was doing because I knew very well that part of the reason why it’s difficult to find children to adopt were that doctors like me were killing them in abortions,” said Levatino.

Finally, in 1978, the couple adopted their daughter, Heather. Right after the adoption, they discovered they were expecting a baby, and their son was born just 10 months later.

Levatino describes a “perfectly happy” life at this time and says that despite those first qualms about abortion, he went right back to work performing them.

In 1981, after graduating from his residency, Levatino joined an OB/GYN practice which also offered abortions as a service. Saline infusion was the most common method for second trimester abortions at the time, but it ran the risk of babies born alive. The procedures were also expensive, difficult, and required the mother to go through labor. Levatino and his partners trained themselves to perform the D&E abortion procedure, which is used today.

In his speech, he describes what it’s like to perform the now routine procedure:

You take an instrument like this called a sopher clamp and you basically – the surgery is that you literally tear a child to pieces. The suction is only for the fluid. The rest of it is literally dismembering a child piece by piece with an abortion instrument […] absolutely gut-wrenching procedure.

Over the next four years, Levatino would perform 1,200 abortions, over 100 of them D&E, second trimester abortions.

But then everything changed. On a beautiful day in June of 1984, the family was at home enjoying time with friends when Levatino heard tires squeal. The children were in the street and Heather had been hit by a car.

“She was a mess,” he explained. “And we did everything we possibly could. But she ultimately died, literally in our arms, on the way to the hospital that evening.”

After a while, Levatino had to return to work. And one day, his first D&E since the accident was on his schedule. He wasn’t really thinking about it or concerned. To him, it was going to be a routine procedure he had done many times before. Only it wasn’t.

“I started that abortion and I took that sopher clamp and I literally ripped out an arm or a leg and I just stared at it in the clamp. And I got sick,” he explained. “But you know something, when you start an abortion you can’t stop. If you don’t get all the pieces – and you literally stack them up on the side of the table […] your patient is going to come back infected, bleeding or dead. So I soldiered on and I finished that abortion.”

But by the time the abortion was complete, Levatino was beginning to feel a change of heart:

For the first time in my life, after all those years, all those abortions, I really looked, I mean I really looked at that pile of goo on the side of the table that used to be somebody’s son or daughter and that’s all I could see. I couldn’t see what a great doctor I was being. I didn’t see how I helped this woman in her crisis. I didn’t see the 600 dollars cash I had just made in 15 minutes. All I could see was somebody’s son or daughter. And after losing my daughter this was looking very, very different to me.

Levatino stopped performing second trimester abortions but continued to provide first trimester abortions for the next few months.

“Everybody puts doctors on a pedestal and we’re all supposed to be so smart but we’re no different than anybody else,” he said.

Click "like" if you are PRO-LIFE!

He realized that killing a baby at 20 weeks gestation was exactly the same as killing one at nine weeks gestation or even two weeks gestation. He understood that it doesn’t matter how big or small the baby is, it’s a human life. He has not done an abortion since February 1985 and says there is no chance he will ever perform one again.

Adamant that he would never join the pro-life movement because of the media’s portrayal of pro-lifers as crazy, he was eventually invited to a pro-life potluck dinner where he met people who he realized were intelligent volunteers who spent their time defending preborn humans.

After that, Levatino began speaking out against abortion specifically with young people, graphically describing for them what an abortion really is.

Levatino has also testified before Congress, asking our government to end legal abortion.

Reprinted with permission from Live Action News

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