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

,

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

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

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. 

Click "like" if you are PRO-LIFE!

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.

Help us expose Planned Parenthood

$5 helps us reach 1,000 more people with the truth!


Share this article

Advertisement
Featured Image
Dr. Miriam Grossman speaks to large audience in Mississauga, Ontario Steve Jalsevac/LifeSite
Lianne Laurence

VIDEO: How DO you to talk to kids about sex? US sex-ed critic gives practical tips

Lianne Laurence
By Lianne Laurence

MISSISSAUGA, ON, August 27, 2015 (LifeSiteNews) – Talking to their children about sex is “anxiety provoking to say the least,” for parents, says American sex-ed expert, Dr. Miriam Grossman.

“Some people just can’t even do it, and that’s okay,” the New York-based psychiatrist told the crowd of 1,000 who packed a Mississauga conference hall August 18 to hear her critique of the Ontario Liberal government’s controversial sex-ed curriculum.

After Grossman explained how the Liberal sex-ed curriculum is dangerously flawed and ideologically driven, she used the question-and-answer session to give parents much appreciated and sometimes humorous practical advice on how to teach their children about “the birds and the bees.”

“If you feel you can’t do it, maybe there’s someone else in the family or in the constellation of people that you know you can trust that could do it,” said Grossman, author of “You’re teaching my child WHAT?” and an internationally sought-after speaker on sex education.

A child, adolescent and adult psychiatrist with 12 years’ clinical experience treating students at the University of California, Los Angeles (UCLA) clinic, Grossman said explaining sexuality and procreation to children is “a process,” that “shouldn’t ideally happen all at once. A child is not a miniature adult, and absorbs…new information differently than adults do.”

And parents need to be sure just what their child wants to know.

To illustrate this, Grossman referred to her earlier story about a father who gave his son every detail on human procreation after the boy asked him, “Dad, where do I come from?”

After the father finished, his son replied, “Well, that’s funny, because Johnny told me that he came from Montreal.”

“Try to find out what your child is really getting at, and, don’t give it all at once,” Grossman said. “You start with a little bit at a time…and you know, there’s so many variables here, and people have their own traditions and their own ways of explaining things, and something that might be right for my family might not be right for your family.”

She also advised that, when confronted with a four, five, six or seven-year-old asking about a pregnant woman, or where babies come, a parent can ask, “What a good question that is. What do you think?”

And parents can also legitimately put off the discussion when appropriate, telling the child, “That’s really not something you need to know about right now.”

“Wow, what a novel idea: Telling a child that they could wait until they’re older to discuss that subject,” Grossman said, adding that parents wouldn’t brook a six- or even fifteen-year-old child asking how much money they made or had in the bank. “Excuse me? Not every subject has to be an open book.”

However, the time will come when a child needs to know “about how her body’s going to change, about reproduction, about how a new life is created.”

That time, Grossman advised, is puberty, or “as puberty is beginning,” and this is especially so for girls, who, if unprepared for the surprise onset of menstruation “might think [they’re] dying.”

“The actual nitty-gritty about the birds and the bees and intercourse” can “be told in bits and pieces, or it can be told all at once, if you feel it’s necessary,” she said, adding that it’s beneficial if the parent acknowledges his or her awkwardness, because the child will think: “This must be such an important subject that my mother or my father is sitting there squirming, but he’s doing it anyway. I’m really loved.”

“And the children need to understand that as you grow up, you change a lot, not only physically but emotionally,” Grossman said, “and what may seem odd or disgusting when you’re ten years old, or whatever age, it becomes something very special and beautiful when you’re older and you’ll understand it later. You don’t have to understand it now.”


Know your child and guard your home

But as an essential foundation for this discussion, parents must both know their children and guard their home from the encroachments of a culture that Grossman described as “very, very sexualized” and “really horrible.”

“Children need parents who are loving but are also firm and authoritative,” she asserted.  “They don’t need best friends. They need us to guide them, to know what they’re doing, to be on top of what they’re doing.

So parents need to be aware of whom their child is “hanging around with, and what kind of movies are they watching…what’s going on with your child.”

“You need to know that anyway, even if it’s not about sex education,” she pointed out. “Try and know your child. Every child is different.”

And Grossman emphasized that it is “extremely important to be careful about what your child is exposed to in the home, in terms of television and Internet, obviously.”

Children need to understand that “just like you have garbage you take out of the house, you put it in the garbage bin, it’s dirty, it smells…there are other things that also don’t belong in the house.”

And children learn quickly what is, and is not, permissible inside the home, Grossman said. “Me, I keep kosher…If I go into a store, my kids know from a very young age, we don’t eat that.”

So they are used to the idea of “the world outside and the inside world, of inside your home, and inside your heart as well.”

Parents can also convey this by telling their children that “the world is an upside-down place, and sometimes the most special, holy subjects are…just thrown in the gutter. And that’s a bad thing. In our family, in our tradition, we don’t do that.”

“Sexuality is one of the subjects that in this upside-down world, it is sometimes just in the gutter,” she said. “And so I want you to tell your child to come to me when you have questions, I will give you the straight story about it.”

Grossman herself is “not even sure,” as she stated in her seminar, that sex education should be in the schools: “I believe sex education should be at home for those parents that want to do it.”

She also noted that parents “can make mistakes. We all make lots of mistakes but it’s okay, you can always come back and do it differently,” adding that this is “another wonderful message for your child. You know what, it’s okay to make mistakes, you can always go back and try and fix it.”

Grossman urged parents to visit her Facebook page, website and blog. “I have so much information you can get there that you’ll find useful,” and added that she will be publishing books for children, and has posted her critique of New York City’s sex-ed curriculum, which is similar to Ontario’s.

The parental backlash to that sex-ed curriculum, set to roll out in the province’s publicly funded schools this September, has been “amazing” Grossman noted.

Grossman’s seminar was sponsored by Mississauga-based HOWA Voice of Change along with the Canadian Families Alliance, an umbrella group representing more than 25 associations and 200,000 Ontarians opposed to the curriculum. The report on her devastating critique of the sex-ed curriculum can be found here, and the video here.

Ontario readers may find information and sign up for a September 2 province-wide protests at MPPs offices here. So far, there are protests planned for 92 of Ontario’s 107 constituencies. The parents’ movement seeking removal of the curriculum is urging all concerned citizens to join this special effort to influence individual Ontario legislators.

See related reports:

Ontario’s dangerous sex-ed is indoctrination not science says U.S. psychiatrist to large audience

Videos: US psychiatrist tells parents “stand firm” against dangerous sex-ed

See the LifeSiteNews feature page on the Ontario sex-ed curriculum containing nearly 100 LifeSite articles related to the issue

Share this article

Advertisement
Featured Image
Giulio Napolitano / Shutterstock.com
Pete Baklinski Pete Baklinski Follow Pete

,

Did the pope just endorse a gay children’s book? Of course not, says Vatican

Pete Baklinski Pete Baklinski Follow Pete
By Pete Baklinski

ROME, August 28, 2015 (LifeSiteNews) -- While mainstream media is gushing with news today that Pope Francis allegedly praised a children’s book that promotes gender theory, the Vatican is decrying what they called the "manipulation" of a cordial letter from an official in the Secretariat of State to suggest that the Vatican is promoting teachings contrary to the Gospel.

Italian children’s author Francesca Pardi was reported by The Guardian to have submitted a parcel of children’s books promoting the acceptance of homosexuality and gender theory to Pope Francis in June after Venice’s mayor Luigi Brugnaro publicly banned the author’s newest book, Piccolo Uovo (Little Egg), from children’s schools. The book was criticized by pro-family leaders for promoting non-natural family structures of two men and two women.

In a letter accompanying the books, Pardi wrote: “Many parishes across the country are in this period sullying our name and telling falsehoods about our work which deeply offends us. We have respect for Catholics. ... A lot of Catholics give back the same respect, why can’t we have the whole hierarchy of the church behind us?”

The Guardian is reporting that Pardi has now “found an unlikely supporter in Pope Francis,” who through his staff has responded to the author and is presented as “praising her work.” It quotes the following from a July 9 letter to Pardi from the Vatican.

“His holiness is grateful for the thoughtful gesture and for the feelings which it evoked, hoping for an always more fruitful activity in the service of young generations and the spread of genuine human and Christian values,” wrote Peter B. Wells, a senior official at the Vatican Secretariat of State, in a the letter The Guardian is reporting it has seen.  

While the letter gently calls the author to use her talents to spread “genuine human and Christian values,” The Guardian takes it as the pope’s endorsement of gender theory.

“Pope Francis sends letter praising gay children's book,” the paper’s headline states. “Italian book that explores different family types including same sex was banned by mayor of Venice, but pontiff becomes unlikely supporter,” reads the subtitle.

In a press release that Vatican spokesman Fr. Federico Lombardi sent to LifeSiteNews on Friday, the vice speaker of the Vatican, Ciro Benedettini, made clear that the friendly reply letter to the author in no way approves of attitudes or positions that are contrary to Catholic teaching and the Gospels.

The Vatican's statement also says that in the original letter from the secretariat of state Wells merely "acknowledged receipt" of the materials sent by Pardi, and also made clear that the letter was private and not meant for publication. 

"In no way does a letter from the Secretary of State intend to endorse behaviors and teachings not in keeping with the Gospel," says the statement, decrying the "manipulation" of the letter.

Benedettini said the blessing of the pope at the end of the letter was meant to be for the author herself, and not to affirm positions concerning gender theory that are contrary to the Church's teaching. Using the letter to this end is erroneous, he said.

Pope Francis has strongly condemned the notion of “gender theory” on numerous occasions, saying that it is an “error of the human mind that leads to so much confusion.”

Share this article

Advertisement
Featured Image
Shutterstock
Lisa Bourne

,

Poll suggests most US Catholics wrongly believe Pope Francis backs gay ‘marriage’

Lisa Bourne
By Lisa Bourne

August 28, 2015 (LifeSiteNews) -- A considerable majority of U.S. Catholics are in conflict with Church teaching on abortion and marriage, a new study says, and a startling number of those also believe Pope Francis backs homosexual “marriage.”

Despite Church teachings, Catholics in America also closely parallel the general populace in their support for abortion and homosexual “marriage,” falling short in the Biblical call to be “in the world but not of the world.”

The findings suggest what many Catholics have said is a climate of confusion in the midst of the Francis pontificate. Concerns over that confusion prompted a coalition of pro-family groups to respond with an international petition effort asking the pope to reaffirm Church teaching, drawing more than a half-million signatures.

The survey, conducted by Public Religions Research Institute, found that 60 percent of all U.S. Catholics favor legalized homosexual “marriage,” compared to 55 percent of all Americans. Likewise, 51 percent of Catholics think that abortion should be legal in all or most cases, with 53 percent of the general population holding this view.

The Catholic Church teaches that marriage is a sacramental union between one man and one woman, mirroring Christ and the Church respectively as bridegroom and bride.

The Church also teaches that life begins at conception, that each human life possesses dignity as a child of God and is to be afforded protection, making abortion an intrinsic evil.

Catholics, accounting for 22 percent of adults in the U.S. population, have a favorable view of Pope Francis, the study said, but they are very confused about his take on homosexual “marriage.”

Of the Catholics who back homosexual “marriage,” 49-percent also think the leader of the Catholic Church backs it along with them. Fifteen percent of those Catholics who oppose homosexual “marriage” also mistakenly believe Pope Francis supports it.

Pope Francis has made numerous statements in support of life, marriage and family, but the confusion remains.

Click "like" to support Catholics Restoring the Culture!

"After Ireland and the U.S. Supreme Court both approved same-sex 'marriage,' a strong reaffirmation of Church teaching could save the sacred institution of marriage, strengthen the family and dispel the lies of the homosexual revolution," TFP Student Action Director John Ritchie stated.  "Young Catholics -- even non-Catholics -- look to the Church as a beacon of morality and stability in our Godless culture, but some of our shepherds have issued confusing statements."

TFP Student Action is a part of the lay Catholic organization American Society for the Defense of Tradition, Family and Property, and is part of the alliance behind the Filial Appeal, the petition asking the Holy Father to reinforce Catholic teaching at the Vatican’s upcoming Synod on the Family in October.

Ritchie explained how the confusion was aiding the Church’s enemies, and warned of the potential consequences.

"This prayerful petition asks Pope Francis to clear up the moral confusion that's been spreading against Natural and Divine Law," he said. "If the enemies of the family continue to chip away at holy matrimony, the future of the family and civilization itself will be in even more serious peril."

At press time more than 500,000 signature had been gathered for the appeal, including five cardinals, 117 bishops and hundreds of well-known civic leaders.

Share this article

Advertisement

Customize your experience.

Login with Facebook