March 18, 2008In September 2006, the European Court of Human Rights outlawed homeschooling in Germany, and homeschooling families have been threatened with state seizure of their children and imprisonment. The Alliance Defense Fund has become involved in the defense of homeschoolers in that country, knowing that all too often, groups hostile to religious liberty in America are looking to the decisions of foreign courts as a resource for imposing their secular agenda here.
And now, after a recent ruling at the California Court of Appeal, parents face an ominous state mandate regarding the education of their children:
The court ruled – in an opinion that went far beyond what was necessary to decide the case – that parents have no legal right to homeschool their children in California, effectively stripping moms and dads of the right to direct their own children's education. If parents insist on educating their children at home, they could be found guilty of a crime.
This ruling is in strong tension with a U.S. Supreme Court 9-0 decision in
Pierce vs. Society of the Sisters of the Holy Names of Jesus (1925), where the court reaffirmed parental rights and stated, "The child is not the mere creature of the state." The Court noted that the state of Oregon had unreasonably interfered with the liberty of parents by forcing parents to place their children in public schools. This concept was further strengthened by a Supreme Court decision in
Wisconsin vs. Yoder (1972), where the court declared, "The primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition."
Under the California court's ruling, the sole way a California parent can lawfully educate their children at home is if they possessed a
valid state teaching certificate. ADF Senior Legal Counsel David Cortman provided an appropriate response to this decree:
"[Parents] should not have to get a special degree in education just to teach their own kids," said Cortman. "Thousands and thousands of California homeschoolers from all walks of life have been safely and successfully teaching their children at home—and with complete knowledge of the State Department of Education. Homeschooling has long been legal in California and should remain that way."
Pacific Justice Institute represents one of many California homeschooling programs, Sunland Christian School, in the case. A copy of the court decision is available at
www.telladf.org/UserDocs/RachelOpinion.pdf.
ADF supports the rights of parents to direct the upbringing of their children. With your prayerful support, we will work to ensure that parents have the final say regarding their children's education. As ADF enters the case to defend the parents' right to choose how to educate their children, please pray we can see this dangerous ruling reversed.