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

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U.S. government fighting to deny asylum to German homeschool family

Michael Farris, J.D., LL.M.
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WASHINGTON, D.C., February 14, 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.

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.

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 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.

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. 

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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.

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.

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.

This article originally appeared on HSLDA's website and is reprinted with permission.



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Jonathon van Maren Jonathon van Maren Follow Jonathon

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Please, enough with the cult of pop stars. Our kids need real heroes.

Jonathon van Maren Jonathon van Maren Follow Jonathon

April 29, 2016 (LifeSiteNews) – Two things happen each time a significant pop culture figure dies: Christians attempt to dredge up some moderately conservative or traditional thing that figure said at some point during his long career, and mainstream media attempts to convince a society thoroughly bored with such things that the person in question was a ground-breaking radical. The two most recent examples are the androgynous David Bowie—a cringe-worthy and possibly blasphemous video of him dropping to his knees during a rock performance and uttering the Lord’s Prayer circulated just following his death--and the pop star Prince.

I’ve had to suppress my gag reflexes many times as I saw my Facebook newsfeed fill up with memes sporting quotes from Prince about his faith and articles announcing that the musician who “embraced gender fluidity before his time,” according to Slate and “will always be a gay icon” according to The Atlantic, was against gay marriage. Sure, maybe he was. But only a Christian community so shell-shocked by the rapid spread of the rainbow blitzkrieg and the catastrophic erosion of religious liberty would find this remarkable. After all, Barack Obama and Hillary Clinton said the same thing barely one election cycle ago. As one obituary celebrating Prince’s paradigm-smashing sexual performances written by Dodai Stewart put it:

Dig, if you will, a picture: The year is 1980. Many states still have sodomy laws. The radio is playing feel-good ear candy like Captain and Tennille and KC and the Sunshine Band. TV hits include the sunny, toothy blond shows Three’s Company and Happy Days. There’s no real word for “gender non-conforming.” But here’s what you see: A man. Clearly a man. Hairy, mostly naked body…a satiny bikini bottom. But those eyes. Rimmed in black, like a fantasy belly dancer. The full, pouty lips of a pin-up girl. Long hair. A tiny, svelte thing. Ethnically ambiguous, radiating lust. What is this? A man. Clearly a man. No. Not just a man. A Prince.

Right. So let’s not get too carried away, shall we? I know Christians are desperate to justify their addictions to the pop culture trash that did so much to sweep away Christian values in the first place and I know that latching on to the occasional stray conservative belief that may manifest itself in pop culture figures makes many feel as if perhaps we are not so weird and countercultural, but this bad habit we have of claiming these figures upon their passing is downright damaging.

After all, parents should be teaching their children about real heroes, titans of the faith who changed the world. Heroes of the early church who stood down tyrants, halted gladiatorial combat, and crusaded against injustice in a world where death was all the rage. These men and women were real rebels who stood for real values. If we want to point our children to people they should emulate, we should be handing them books like Seven Men: And the Secret of Their Greatness by the brilliant writer Eric Metaxas rather than the pop albums Purple Rain or Lovesexy by Prince. If parents spend their time glorifying the predecessors of Lady Gaga and Miley Cyrus instead of highlighting heroes like William Wilberforce, they can hardly be surprised when their children choose to emulate the former rather than the latter.

The mainstream media’s adulation of these pop stars is equally irritating. The unspoken truth of these obituaries is that the flamboyant antics of Prince and the rest of the so-called rebellious drag queens populating the rock n’ roll scene have been mainstream for a long time already. Want to see dozens of bizarre body piercings? Weird hairdos? Purple mohawks? Dudes with nail polish? Strange tattoos? Easy. Just go onto any university campus, or any public high school without a dress code. With headphones wedged firmly in their ear canals, they can pump the cleverly commercialized “counterculture” straight into their skulls 24 hours a day, 7 days a week.

More than that, some of these courageous rebels have actually sued their employers to ensure that they can let their establishment-smashing freak flag fly at work, too. An Edmonton woman with 22 visible body piercings complained that her employer was unfair because apparently she was being discriminated against “based on body modifications.” Yeah! The Man must be told, after all. And if he doesn’t agree, we will lawyer up. I wonder what the shrieking rebels of the early days would think about the snivelling children of the current grievance culture.

So these days, the media’s eulogizing about aging culture warriors who went mainstream a long time ago rings a bit hollow. After all, most rock n’ roll stars these days look tame compared to what shows up in the children’s section at Pride Week. Freaky is normal now. Normal is radical. Welcome to 2016.

When Christians are posting nostalgic tributes to the rebels who helped inoculate their children against the radical views of Christianity in the first place, you know that the victories of the counterculture are complete and Stockholm syndrome has set in.



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Claire Chretien Claire Chretien

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Target boycott climbs to over 1 million

Claire Chretien Claire Chretien

April 29, 2016 (LifeSiteNews) – Over 1 million people have signed a pledge to boycott Target over its new policy allowing men to access women’s bathrooms. 

The American Family Association’s Boycott Target petition gained traction immediately, reaching the one million mark in only nine days.

“Corporate America must stop bullying people who disagree with the radical left agenda to remake society into their progressive image,” said AFA President Tim Wildmon. “#BoycottTarget has resonated with Americans.  Target’s harmful policy poses a danger to women and children; nearly everyone has a mother, wife, daughter or friend who is put in jeopardy by this policy.  Predators and voyeurs would take advantage of the policy to prey on those who are vulnerable.  And it’s clear now that over one million customers agree.”

Target defended its policy in a statement saying that it believes everyone “deserves to be protected from discrimination, and treated equally” and earlier this week, a Target spokeswoman defended the policy as “inclusive.” 

The AFA said that unisex bathrooms are a common-sense alternative to allowing men unfettered access to women’s bathrooms.

“Target should keep separate facilities for men and women, but for the trans community and for those who simply like using the bathroom alone, a single occupancy unisex option should be provided,” the petition says. 

The AFA warned that Target’s new policy benefits sexual predators and poses a danger to women and children. 

“With Target publicly boasting that men can enter women's bathrooms, where do you think predators are going to go?” the petition asked. 

There have been numerous instances of predatory men accessing women’s bathrooms and intimate facilities in the wake of “transgender” bathroom policies allowing them to do so. 

“We want to make it very clear that AFA does not believe the transgender community poses this danger to the wider public,” said Wildmon. “Rather, this misguided and reckless policy provides a possible gateway for predators who are out there.”



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Ben Johnson Ben Johnson Follow Ben

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Amazing new video captures the flash of light the moment life begins

Ben Johnson Ben Johnson Follow Ben

CHICAGO, April 29, 2016 (LifeSiteNews) – Life begins with a spark – literally.

Researchers at Northwestern University have documented the striking event in a new video that accompanies a study published this week.

At the moment of conception, the egg releases massive amounts of zinc, which creates a spark that can be seen with the aid of a microscope.

“It was remarkable,” said Teresa Woodruff, a professor of obstetrics and gynecology at Northwestern University's medical school. “To see the zinc radiate out in a burst from each human egg was breathtaking.”

The research team had noted the zinc sparks before in mice eggs but had never observed the process in human beings.

“All of biology starts at the time of fertilization,” Woodruff said, “yet we know next to nothing about the events that occur in the human.”

One of the researchers, Northwestern chemistry professor Thomas O'Halloran, explained the science behind the process in 2014.

“The egg first has to stockpile zinc and then must release some of the zinc to successfully navigate maturation, fertilization and the start of embryogenesis,” he said. “On cue, at the time of fertilization, we see the egg release thousands of packages, each dumping a million zinc atoms, and then it's quiet.”

“Each egg has four or five of these periodic sparks,” O'Halloran said. “It is beautiful to see, orchestrated much like a symphony.”

Since the amount of zinc in an egg correlates with successful implantation and birth, the Northwestern researchers are highlighting that their research may be used to assist in vitro fertilization.

But that raises concerns given the grave moral issues with IVF, which involves creating numerous embryos that are either killed or frozen. Moral theologians also emphasize that IVF is an injustice even for the children who are born as a result, as they are created in a lab rather than in the union of man and woman.

The study may have far-reaching consequences the research team did not intend, such as strengthening public belief in the longstanding scientific consensus that life begins at the moment of conception/fertilization.

Many of those who saw the Northwestern video said it testifies to the beauty of life and the shallow lies that buttress the argument of abortion-on-demand.

“I saw this, and I was blown away by it,” said Rush Limbaugh on his nationally syndicated radio program Thursday afternoon. “For anybody in the mainstream media to openly admit that life begins at conception” defies arguments that an unborn child is only “tissue mass.”

Researchers released a separate video of the zinc spark taking place in a mammalian egg more than a year ago:

The paper, which is entitled “The Zinc Spark is an Inorganic Signature of Human Egg Activation,” was published by Scientific Reports on April 26.



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