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.
By Michael Farris 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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John-Henry Westen John-Henry Westen Follow John-Henry

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Video: Belgian police put a violent end to a legal pro-life rally in Brussels

John-Henry Westen John-Henry Westen Follow John-Henry
By John-Henry Westen
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BRUSSELS, March 31, 2015 (LifeSiteNews.com) -- Belgian police used force against pro-lifers holding a legal, peaceful picket Tuesday in the center of Brussels, near the European Parliament buildings.  The pro-life rally, led by activists from Poland, was surrounded by an angry mob of abortion supporters, but when the police intervened they forcibly removed the pro-life signs, and even a Polish flag, saying they were provoking aggression.

The pro-life rally, which displayed graphic abortion signs, was legally registered, and organized by Fundacja Pro, a very active pro-life group from Poland, along with Michał Marusik, a Polish Member of European Parliament, and the Instigos Institute.

Kaja Godek, one of Poland’s leading pro-life activists, described the scene at the Luxembourg Square in Brussels for LifeSiteNews:

When we display graphic abortion pictures on the streets of Poland, the reaction we get is mostly sympathetic. In Brussels, we met with aggression and a hysterical reaction. Some furious people surrounded us screaming that we were sick and that the photographs of abortion victims were a lie.

Jacek Januszewski, one of the youth participants, told LifeSiteNews, “They screamed vulgarities and obscene insults, specifically directed at the ladies in our group. They threw firecrackers, physically pushed us, and tried to steal our banners.”

Describing the actions of the police, Januszewski said, “They formed a circle around our group, but were facing us, as if we were the source of aggression, not the mob around us.” He continued, “Even after one of the policemen got hit on the back with something thrown at us by the mob, they still acted as if it was us who caused the danger. We were just standing there in shock."

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“At one point a man dressed in civilian clothes approached us all red in the face, pushed us and tried to take our banners by force,” said Januszewski. “When we resisted, he produced a police ID. We asked him what he was doing and what law allowed him to disrupt a legal demonstration like that. He screamed back at us: ‘I am the law in Brussels.’”

Godek commented on the undercover officer too. “The man in civilian clothes kept pointing to one specific banner we were holding, showing the face of Adolf Hitler with a caption ‘Hitler legalized abortion on demand for Poles.’ [The undercover policeman] was all red in the face and kept saying he didn't like it and that it was upsetting everybody. We told him we were being attacked and needed protection. He said that we were the danger, we were provoking violence.”

Watch videos (exchanges between police and protesters are audible and in English):

Part 1

Part 2

Part 3

Part 4

Part 5

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LifeSite Writers 2015
Steve Jalsevac Steve Jalsevac Follow Steve

2 Days Left - Can you donate just $5 or more?

Steve Jalsevac Steve Jalsevac Follow Steve
By Steve Jalsevac

This is an urgent reminder that we have just 2 days left to reach our annual Spring campaign goal of $175,000.
 
With a large boost from our readers yesterday, we are now within striking distance, with only another $75,000 to raise to make that goal!
 
Please consider supporting our mission to build a Culture of Life by making the most generous donation you can today.

Have you ever wondered who is behind LifeSite, and what our organization does with the money you donate?
 
Sometimes we find that readers of LifeSite, new readers in particular, understandably do not realize the size and scope of our mission: including not just how many millions of people read LifeSite (6 million people last month alone, for the record), but also the number of people and resources required to keep this unique international news service going every day.
 
It is quite an eye-opener when we list everything involved. Given the exponential growth of LifeSite over the past few years, it seems time to present an update. This should help you to understand why we must set our quarterly campaign goals at the very least at the levels that we do each time.

Every single member of the LifeSite team is passionately dedicated to our mission. Many have families with children and all depend on prayer (we have a staff prayer conference call every morning at 9:30 a.m.) to do this challenging work. They are also highly principled persons who see this work as being much more of personal mission than a “job”.

They care deeply about the issues that we write about and their impact on the world. At least several were on the “other side” in the past and experienced profound conversions to pro-life, pro-family beliefs.

In addition to the English language LifeSite, we also publish two other versions of LifeSite. There is the Spanish language Notifam and the Portuguese language Notifam.  These two services have been completely re-designed and their readership has dramatically increased in the past several months.

Almost all of our journalists are paid salaries or an hourly rate (part-timers). Nearly half are full-time, and the rest are part-time with widely varying total hours per month. A small number of the part-timers are able to offer their work to LifeSite as a no-charge gift to the pro-life and pro-family cause.

Almost all of the news reporters work from their homes. Our one office is located in Front Royal, Virginia in the Human Life International building. Much of the LifeSite, Canada administration work (payroll, bookkeeping, mail and donation receiving, etc.) is contracted to Campaign Life Coalition (CLC) in Toronto. We are very grateful for CLC’s assistance.

Since the introduction of our dramatically new website last year, we have also been able to add prominent paid bloggers to the LifeSite team. In addition to our own bloggers, other notable pro-life bloggers such as Jill Stanek and Ryan Bomberger permit us to re-publish and often give much wider exposure to posts from their blog sites.

Back in September 1997, it was just John-Henry Westen and myself, the two founding staff of Lifesite. Things have certainly changed since then.

CURRENT NEWS TEAM

North America

1.  John-Henry Westen – Co-founder, Editor-in-Chief, journalist 
2.  Steve Jalsevac – Co-founder, managing director, editor, journalist
3.  John Jalsevac – Website development, petitions, journalist
4.  Patrick Craine – Managing editor, journalist, Canadian bureau chief
5.  Ben Johnson – US bureau chief, journalist
6.  Dustin Siggins – Washington DC bureau reporter and media outreach
7.  Kirsten Anderson – Washington DC and region reporter
8.  Lisa Bourne – Journalist
9.  Pete Baklinski – Journalist
10. Ted Baklinski – Journalist
11. Lianne Lawrence – Toronto journalist and LSN Canada donor relations
12. Steve Weatherbe – Journalist
13. Drew Belsky – Journalist

International

14. Hilary White (Italy) – Rome and Europe reporter
15. Jeanne Smits (Paris, France) – European reporter
16. Andrew Smith – Australian reporter
17. Michelle Kaufman – New Zealand reporter
18. Matthew Hoffman – Latin American reporter
19. Gualberto Guilherme Araujo – Brazilian editor
20. Gualberto Garcia Jones – Latin America bureau chief
21. Sophia Vazquez Mellado – Spanish language reporter
22. Mei-Li Beane – Spanish Language reporter
23. Natalia Duehlom – Polish correspondent
24. Matthew McCusker – London correspondent

Bloggers

25. Anthony Esolen
26. Matt Fradd
27. Abby Johnson
28. Jonathon van Maren
29. Melanie Pritchard

SUPPORT TEAM

30. Jon Fidero – Development Director
31. Andy Parrish – Marketing, media, public relations
32. Clare Magaad – LSN U.S. Office Manager
33. Megan Mulherin – Database management, Donor relations coordinator
34. Linda Wilson – Donor relations
35. Tommy Farrel – Donor relations
36. Theresa Jalsevac – Daily news subscriber services, article publishing
37. Jacob Westen – Article publishing

EXTERNAL SERVICES

LifeSite employs the services of a wide variety of companies and individuals for website design and development, video production, graphic design, donation processing, mass emailing of the Daily News, web hosting, payroll, legal work, marketing of LifeSite and much more.

Some of these external costs are in the six-figure level, given the large volume and variety of material that we publish, the cutting edge complexity of the website and the high level of traffic that LifeSite must now be able to handle.

We also have on-going and major electronic equipment costs since we are a digital service requiring high quality, reliable and the most up-to-date digital resources.

Finally, our team, and especially John-Henry, have been required to do a lot more travelling in recent years to cover major stories on site and to attend and be actively involved in very important meetings in several nations.  
 
The Marches for life in Washington, DC, Ottawa Canada and Rome, Italy have required a team of LSN staff. As well, we are the original organizers of the Rome Life Forum in Vatican City that is now billed as a Voice of the Family (which LifeSite co-founded) event and is co-sponsored by a number of International groups.

I hope this has helped you to much better understand our financial needs and will encourage any who might have been hesitant to donate to re-consider and send a generous gift for the LifeSite mission.

We are amazed that so much has been accomplished over the years, thanks especially to the generosity of those who believe in what we do and have wanted to express their appreciation for this work and what it has meant to them.

Please join our other supporters today with your gift.
 
You can also donate by phone or mail. We would love to hear from you!

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Courtesy of Stand True Ministries
Bryan Kemper Follow Bryan

10 years ago today, Terri Schiavo died an agonizing death. I was with her family. Where were you?

Bryan Kemper Follow Bryan
By Bryan Kemper
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March 31, 2015 (StandTrue.com) -- For twenty-four years I have been involved with pro-life work in one way or another. Over those twenty-four years I have talked to thousands of people about their involvement, why they got involved, how they got involved and what motivates them to continue. We have talked about what happened in 1973 and where were all the Christians when Roe vs. Wade was passed. We would wonder why Christians would ignore human rights and own slaves in the time of the Dred Scott decision. We would tell stories about the few brave Christians that hid Jews during the Holocaust and proclaim that if it were we in those times we would have been a voice. If we were around in those days we would have risked all to save an innocent life; that is what we said, at least.

Ten years ago a young woman in Florida who was handicapped began an agonizing and painful journey towards death. Her husband, who had once made a vow to love and honor her through good times and bad, murdered her on national television. Her husband, who had already broken his vows to her by living with another woman and fathering children with her, went to court to have his wife starved and dehydrated to death. Terri Schiavo held onto life and fought for 13 days before finally dying on Thursday, March 31, 2005.

When I arrived in Florida one week before her death I expected to see thousands and thousands of Christians in front of the hospice praying, singing and crying out for Terri. I expected to see all those people who said, “I would have been there to stand up if I were around in the times of Roe vs. Wade or during the Holocaust.” I was sadly disappointed.

I walked up and saw maybe 150 people at most — some of them familiar faces from the pro-life movement, some of them just wanting to be on TV. I started to walk around and ask where people were from and most of them were from out of town; it was hard to find anyone from the Tampa area there to stand up for Terri. For years I wondered where the Christians were when Roe vs. Wade was passed, and now I had the answer.

I spent the first day walking around the crowd praying with people, talking about what could be done and simply being there in solidarity with our sister as she was dying. When I arrived the second day I talked to Terri’s sister whom I had met in Washington, DC, in January, when I volunteered my services to the family. I was asked to help guard the family and escort them around as everyone was swarming them.

I spent a lot of time just sitting with them and listening to stories about Terri and her life growing up. Her dad told a story about when Terri ran over a cat and how upset she was over this poor little cat. The friends shared beautiful stories and memories that I will treasure forever.

During this time we also spent a lot of time in prayer, with many different Christian leaders and friends. Everyone would be talking about a possible option and then someone would just stop and say, “Let’s pray.” There was more spontaneous prayer than I had ever seen. I would walk among the people there in support and see small groups up and down the street praying, singing hymns and just reading the Scriptures out loud. There may not have been a large group there, but they were dedicated and focused on prayer.

I spent a lot of time walking the family through the media circus to and from the hospice trying to give them a little privacy. I would walk Terri’s dad through the crowd every night as he thanked all the supporters for being there for Terri.

I talked to many of the behind-the-scenes media people who were obviously shaken by this tragedy. I saw people from all different walks of life and political and religious backgrounds taking a stand. There were many non-Christian people there in support of Terri, and dozens of handicapped people from a group called Not Dead Yet. I even spent time in prayer with the Rev. Jesse Jackson as he came to help the family and speak out for Terri. I never in a million years would have believed that I would sit in a room praying with Randal Terry, Jesse Jackson and Sean Hannity.

Each night at about 11:00 PM I would leave the hospice area and go get something to eat and try to catch up on some computer work and grab a few hours of sleep. I talked to a lot of people at different restaurants that would ask us what was really happening there. One night Terri’s brother, Bobby, came out to eat with us. When he left, the people there asked us questions and wanted to know the truth about the whole situation; they were shocked when they got the true facts about Terri.

On Wednesday night I went to the hotel and was especially saddened as we were reaching 13 days. My friend Will and I sat in the pool at the hotel at 2:00 AM discussing the past week and what else could have been done. I finally got to sleep at about 3:00 AM. Early the next morning, I was awoken by Will telling me that Terri had died.

We quickly packed our bags and went to the car to drive over to the hospice a few blocks away. As I got into the car it really began to hit me what had just happened and I started to cry. I picked up my cell phone and called my wife and children; I just needed to hear their voices and tell them I loved them.

I got to the hospice and stood guard outside the room the family was in to give them some privacy. The room was tucked in behind all the major media trucks and production areas. I watched as many of the media producers and reporters were fighting back tears. I watched reporters hugging the family and giving condolences; they were truly touched by Terri’s family. Many of the media that I had gotten to know expressed their grief to me, some of them on-air personalities who were affected greatly.

After the family was done making their statements for the day, I made my rounds to offer my condolences and say my goodbyes. I told the family about all the Stand True supporters and family that had asked me to send their best wishes and prayers. I thanked them for their strength and resolve in the fight for Terri’s life. I let them know that we at Stand True will never let Terri’s name die and that we will continue the fight for life and others like Terri.

I will never forget and I will never stop telling her story. 

HTTP://WWW.TERRISFIGHT.ORG

Also read Father Frank Pavone’s memory of his time with Terri.

HTTP://WWW.WASHINGTONTIMES.COM/NEWS/2015/MAR/30/FRANK-PAVONE-TERRI-SCHIAVOS-INCONVENIENT-LIFE/

Reprinted with permission from Stand True.

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