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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BREAKING: Planned Parenthood shooting suspect surrenders, is in custody: police

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By John Jalsevac

Nov. 27, 2015 (LifeSiteNews) - Five hours after a single male shooter reportedly opened fire at a Colorado Springs Planned Parenthood, chatter on police radio is indicating that the suspect has now been "detained."

"We have our suspect and he says he is alone," said police on the police radio channel. 

Colorado Springs Mayor John Suthers also confirmed via Twitter shortly after 7:00 pm EST that the suspect was in custody.

The news comes almost exactly an hour after the start of a 6:00 pm. press conference in which Lt. Catherine Buckley had confirmed that a single shooter was still at large, and had exchanged gunfire with police moments before.

According to Lt. Buckley, four, and possibly five police officers have been shot since the first 911 call was received at 11:38 am local time today. An unknown number of civilians have also been shot.

Although initial reports had suggested that the shooting began outside the Planned Parenthood, possibly outside a nearby bank, Lt. Buckley said that in fact the incident began at the Planned Parenthood itself.

She said that the suspect had also brought unknown "items" with him to the Planned Parenthood. 

Pro-life groups have started responding to the news, urging caution in jumping to conclusions about the motivations of the shooter, while also condemning the use of violence in promoting the pro-life cause. 

"Information is very sketchy about the currently active shooting situation in Colorado Springs," said Pavone. "The Planned Parenthood was the address given in the initial call to the police, but we still do not know what connection, if any, the shooting has to do with Planned Parenthood or abortion.

"As leaders in the pro-life movement, we call for calm and pray for a peaceful resolution of this situation."

Troy Newman of Operation Rescue and Rev. Patrick J. Mahoney, Director of the Christian Defense Coalition, also issued statements.

"Operation Rescue unequivocally deplores and denounces all violence at abortion clinics and has a long history of working through peaceful channels to advocate on behalf of women and their babies," said Newman. "We express deep concern for everyone involved and are praying for the safety of those at the Planned Parenthood office and for law enforcement personnel. We pray this tragic situation can be quickly resolved without further injury to anyone."

"Although we don't know the reasons for the shooting near the Planned Parenthood in Colorado Springs today, the pro-life movement is praying for the safety of all involved and as a movement we have always unequivocally condemned all forms of violence at abortion clinics. We must continually as a nation stand against violence on all levels," said Rev. Patrick J. Mahoney, Director of the Christian Defense Coalition, based in Washington, D.C.


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Rubio says SCOTUS didn’t ‘settle’ marriage issue: ‘God’s rules always win’

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By Dustin Siggins

WASHINGTON, D.C., November 27, 2015 (LifeSiteNews) -- Surging GOP presidential candidate Sen. Marco Rubio, R-FL, says that "God's law" trumps the U.S. Supreme Court’s Obergefell decision imposing same-sex “marriage” nationwide.

The senator also told Christian Broadcast Network's David Brody that the Supreme Court's redefinition of marriage is not "settled," but instead "current law."

“No law is settled,” said Rubio. “Roe v. Wade is current law, but it doesn’t mean that we don’t continue to aspire to fix it, because we think it’s wrong.”

“If you live in a society where the government creates an avenue and a way for you to peacefully change the law, then you’re called to participate in that process to try to change it,” he explained, and "the proper place for that to be defined is at the state level, where marriage has always been regulated — not by the Supreme Court and not by the federal government.”

However, when laws conflict with religious beliefs, "God's rules always win," said Rubio.

“In essence, if we are ever ordered by a government authority to personally violate and sin — violate God’s law and sin — if we’re ordered to stop preaching the Gospel, if we’re ordered to perform a same-sex marriage as someone presiding over it, we are called to ignore that,” Rubio expounded. “We cannot abide by that because government is compelling us to sin.”

“I continue to believe that marriage law should be between one man and one woman," said the senator, who earlier in the fall was backed by billionaire GOP donor and same-sex "marriage" supporter Paul Singer.

Singer, who also backs looser immigration laws and a strong U.S.-Israel alliance, has long pushed for the GOP to change its position on marriage in part due to the sexual orientation of his son.

Despite Singer's support, Rubio's marriage stance has largely been consistent. He told Brody earlier in the year that "there isn't such a right" to same-sex "marriage."

"You have to have a ridiculous reading of the U.S. Constitution to reach the conclusion that people have a right to marry someone of the same sex."

Rubio also said religious liberty should be defended against LGBT activists he says "want to stigmatize, they want to ostracize anyone who disagrees with them as haters."

"I believe, as do a significant percentage of Americans, that the institution of marriage, an institution that existed before government, that existed before laws, that institution should remain in our laws recognized as the union of one man and one woman," he said.

Rubio also hired social conservative leader Eric Teetsel as his director of faith outreach this month.

However, things have not been entirely smooth for Rubio on marriage. Social conservatives were concerned when the executive director of the LGBT-focused Log Cabin Republicans told Reuters in the spring that the Catholic senator is "not as adamantly opposed to all things LGBT as some of his statements suggest."

The LGBT activist group had meetings with Rubio's office "going back some time," though the senator himself never attended those meetings. Rubio has publicly said that he would attend the homosexual "wedding" of a gay loved one, and also that he believed "that sexual preference is something that people are born with," as opposed to being a choice.

Additionally, days after the Supreme Court redefined marriage, Rubio said that he disagreed with the decision but that "we live in a republic and must abide by the law."

"I believe that marriage, as the key to strong family life, is the most important institution in our society and should be between one man and one woman," he said. "People who disagree with the traditional definition of marriage have the right to change their state laws. That is the right of our people, not the right of the unelected judges or justices of the Supreme Court. This decision short-circuits the political process that has been underway on the state level for years.

Rubio also said at the time that "it must be a priority of the next president to nominate judges and justices committed to applying the Constitution as written and originally understood…"

“I firmly believe the question of same sex marriage is a question of the definition of an institution, not the dignity of a human being. Every American has the right to pursue happiness as they see fit. Not every American has to agree on every issue, but all of us do have to share our country. A large number of Americans will continue to believe in traditional marriage, and a large number of Americans will be pleased with the Court’s decision today. In the years ahead, it is my hope that each side will respect the dignity of the other.”

The Florida senator said in July that he opposed a constitutional marriage amendment to the U.S. Constitution to leave marriage up to the states because that would involve the federal government in state marriage policies.

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Former The View star Sherri Shepherd and then-husband Lamar Sally in 2010 s_bukley / Shutterstock.com
Steve Weatherbe

Court orders Sherri Shepherd to pay child support for surrogate son she abandoned

Steve Weatherbe
By Steve Weatherbe

November 27, 2015 (LifeSiteNews) -- Sherri Shepherd, a Hollywood celebrity who co-hosted the popular talk show The View for seven years, has lost a maternity suit launched by her ex-husband Lamar Sally, forcing her to pay him alimony and child support for their one-year surrogate son LJ. The decision follows an unseemly fight which pro-life blogger Cassy Fiano says has exposed how surrogacy results in “commodifying” the unborn.

Shepherd, a co-host of the View from 2007 to 2014, met Sally, a screenwriter, in 2010 and they married a year later. Because her eggs were not viable, they arranged a surrogate mother in Pennsylvania to bear them a baby conceived in vitro using Sally’s sperm and a donated egg.

But the marriage soured in mid-term about the time Shepherd lost her job with The View. According to one tabloid explanation, she was worried he would contribute little to parenting responsibilities.  Sally filed for separation in 2014, Shepherd filed for divorce a few days, then Sally sued for sole custody, then alimony and child support.

Earlier this year she told PEOPLE she had gone along with the surrogacy to prevent the breakup of the marriage and had not really wanted the child.

Shepherd, an avowed Christian who once denied evolution on The View and a successful comic actor on Broadway, TV, and in film since the mid-90s, didn’t want anything to do with LJ, as Lamar named the boy, who after all carried none of her genes. She refused to be at bedside for the birth, and refused to let her name be put on the birth certificate and to shoulder any responsibility for LJ’s support.

But in April the Pennsylvania Court of Common Pleas, and now the state’s Superior Court, ruled that Shepherd’s name must go on the birth certificate and she must pay Sally alimony and child support.

“The ultimate outcome is that this baby has two parents and the parents are Lamar Sally and Sherri Shepherd,” Shepherd’s lawyer Tiffany Palmer said.

As for the father, Sally told PEOPLE, “I'm glad it's finally over. I'm glad the judges saw through all the lies that she put out there, and the negative media attention. If she won't be there for L.J. emotionally, I'll be parent enough for the both of us.”

But Shepherd said, “I am appealing the ruling that happened,” though in the meantime, Sally will “get his settlement every month. There’s nothing I can do.”

Commented Fiano in Live Action News, “What’s so sickening about this case is that this little boy, whose life was created in a test tube, was treated as nothing more than a commodity…Saying that you don’t want a baby but will engineer one to get something you want is horrific.” As for trying to get out from child support payments now that the marriage had failed, that was “despicable.”

Fiano went on to characterize the Shepherd-Sally affair as a “notable example” of commodification of children, and “by no means an anomaly.” She cited a British report than over the past five years 123 babies conceived in vitro were callously aborted when they turned out to have Down Syndrome.

“When we’re not ready for babies, we have an abortion,” she added. “But then when we decide we are ready we manufacture them in a laboratory and destroy any extras. Children exist when we want them to exist, to fill the holes in us that we want them to fill, instead of being independent lives with their own inherent value and dignity.”

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