Homeschoolers Beware... Eric Holder Says 'Banning Homeschooling Doesn’t Violate Fundamental Rights'

I read an article written by Michael Farris, the founder and chair of HSLDA – the Home School Legal Defense Association. In it he discussed the case made by government lawyers representing Attorney General Eric Holder during the court hearing for the Romeike family. You may remember the Romeike’s sought political asylum in the United States due to Germany’s persecution of homeschooling families. ~ Shane Vander Hart

A federal district court judge granted the Romikes asylum here against the wishes of the Federal government. The government appealed that decision to the Board of Immigration appeals and won.

HSLDA appealed to the 6th Circuit Court of Appeals where the case (Romeike v. Holder) will be heard.

Farris outlined three arguments made by the U.S. Department of Justice lawyers which should be of concern to American homeschooling families:

He said the first argument in essence is that a government isn’t violating anyone’s rights if homeschooling is banned altogether.

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.)…

…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.

 

Read full article:  http://www.knowthelies.com/node/8598

 

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