JUDGES
WANT TO TERMINATE FAMILY'S HOMESCHOOLING RIGHTS
By
Jim Kouri
Posted 1:00 AM Eastern
March 5, 2008
NewsWithViews.com
In
a case that's almost guaranteed to have repercussions throughout
the country, California appellate judges ruled that one family's
children could not
be homeschooled and must attend a government school or
accredited private school.
The
court's decision is the result of a civil case brought against
Phillip and Mary Long regarding the education they provided to
two of their children. The Longs currently have eight children
in their home, all of whom they've homeschooled.
Phillip
Long told NewsWithViews.com
that he and his wife will probably appeal the decision to
California's Supreme Court, since they've homeschooled all of
their children, the oldest now 29, because of various
anti-Christian influences in California's public schools.
"Homeschooling
is endowed upon parents by our Creator. The state of California
or the federal government have no right to tell parents how
their children should be taught," said Phil Long in a
telephone interview with NewsWithViews.com.
This
latest court decision granted a petition brought by attorneys
retained by so-called "child advocates" to represent
the two youngest Long children after the family's homeschooling
was brought to their attention.
However,
the Long's children did not have any say in their representation
by these attorneys. While the lawyers claimed to be representing
the interests of the children, they actually were representing
the California education establishment. Critics say this is
proof positive that in the eyes of bureaucrats parents and
families have no rights regarding education.
According
to information provided by Phil Long, the trial court had found
that keeping the children at home deprived them of situations
where they could interact with people outside the family. They
also stated that there are people in the public school system
who could provide help if there's a problem in the lives of
pupils. A judge in the case also said that children in
government schools could develop emotionally in a broader world
than the parents' "cloistered" setting.
The
appeals ruling stated that California's law mandates that
"persons between the ages of six and 18" to be in
school, "the public full-time day school," with
exemptions being allowed for those in a "private full-time
day school" or those "instructed by a tutor who holds
a valid state teaching credential for the grade being
taught."
The
panel of judges ruled that the Long family failed to demonstrate
"that [the] mother has a teaching credential such that the
children can be said to be receiving an education from a
credentialed tutor," and that their involvement and
supervision by Sunland Christian School's independent study
programs was of no value.
According
to the Longs, the family's religious beliefs were not given
ample weight in the case.
The
court claimed the Longs' "sincerely held religious
beliefs" are "not the quality of evidence that permits
us to say that application of California's compulsory public
school education law to them violates their First Amendment
rights. Such sparse representations are too easily asserted by
any parent who wishes to homeschool his or her child," the
court concluded.
Phillip
Long said his family is working on ways to appeal to the
California Supreme Court, because he will not permit the
pro-homosexual, pro-bisexual, pro-transgender agenda of
California's public schools to indoctrinate his children.
"We
just don't want them teaching our children. They teach things
that are totally contrary to what we believe. They put questions
in our children's minds we don't feel they're ready for,"
said Mr. Long during the telephone interview with NWV.
"We're
going to appeal to a higher court. I don't want to put my
children in a public school that teaches ideologies I don't
believe in," he said.
"Children
belong to the parents, not to the state," Long said. He
also acknowledged that there's a great deal of misinformation
about the status of homeschooling in California.
Many
observers believe this is merely the beginning of a movement to
totally ban homeschoolng because the California Legislature and
Gov. Arnold Schwarzenegger worked together to establish Senate
Bill 777 and Assembly Bill 394 as a law that institutionalizes
the promotion of homosexuality, bisexuality, transgenderism and
other alternative lifestyle choices within the public school
system.
"The
reason homeschoolers are under attack is obvious. NEA and the
Homosexual lobby wants them in public schools to indoctrinate
them. Homeschooled children are not brainwashed with
homosexuality, the myth of global warming, globalism, etc.
Homeschooled children are still innocent and that can't be
allowed. Therefore, attacks on homeschoolers will undauntedly
escalate across the country unless the Christian community wakes
up," said conservative strategist Mike Baker.
"[California]
law at first allowed public schools to voluntarily promote
homosexuality, bisexuality and transsexuality. Then, the law
required public schools to accept homosexual, bisexual and
transsexual teachers as role models for impressionable children.
Now, the law has been changed to effectively require the
positive portrayal of homosexuality, bisexuality and
transsexuality to 6 million children in California
government-controlled schools," said one homeschooling
advocate.
There
are no similar protections for students with traditional or
conservative lifestyles and beliefs, however. Offenders will
face the wrath of the state Department of Education, up to and
including lawsuits, according to legal experts.
"SB
777 results in reverse discrimination against students with
religious and traditional family values. These students have
lost their voice as the direct result of Gov. Schwarzenegger's
unbelievable decision. The terms 'mom and dad' or 'husband and
wife' could promote discrimination against homosexuals if a
same-sex couple is not also featured," said Baker.
"Having
'mom' and 'dad' promotes a discriminatory bias. You have to
either get rid of 'mom' and 'dad' or include everything when
talking about [parental issues]," he said. "They
[promoters of sexual alternative lifestyles] do consider that
discriminatory."
"I
shudder to think how millions of California children will be led
astray, how marriage will be destroyed, and how immorality will
step on the neck of morality if Arnold Schwarzenegger signs five
anti-family bills into law. The 'Terminator' has less than two
weeks to sign or veto very bad bills!" said Randy Thomasson,
president of Campaign
for Children and Families, in a previous
article.
Thomasson
is disappointed with California's Christian pastors and elders.
In the last five days, many individuals and several businesses
have responded to CCF's action alert. However, to date, only one
church has faxed in veto letters to the liberal Schwarzenegger's
office in Sacramento.
"This
is not right, since the majority of pastors in California oppose
sexual indoctrination of schoolchildren (SB 777 and AB 394),
oppose demeaning marriage (AB 43 and AB 102), and oppose forcing
the homosexual-bisexual-transsexual agenda on businesses,
organizations, and churches (AB 14)," said Thomasson.
"Distracted
drivers cause car accidents; distracted pastors may accidentally
assist anti-family bills to be signed into law. The Governor
will notice our loud voice or our relative silence. The choice
is [ours]," he added.
"Young
children will be led astray, the definition of marriage will be
irreparably harmed, and cherished freedom of conscience will be
trampled if Arnold Schwarzenegger signs these bad bills into
law," said Thomasson.
"Too
many Americans find themselves without church leadership on
social issues that threaten the very foundation of western
civilization," said conservative activist Michael Baker.
"More
and more Americans are asking 'Where are the pastors? Where is
the moral leadership?'" Baker added.
Mike
Baker said he believes most church pastors and conservative
political leaders are cowards who fear the wrath of the
mainstream news media and the venom of liberal-left activists.
"Pastors
especially have allowed themselves to be bullied by people who
are no better than heathens. Conservative politcians fear the
bad press they would get from the likes of the New York Times
and Washington Post," Baker said.
"Private
citizens are doing the work that pastors and church leaders
should be doing in fighting the good fight on behalf of our most
vulnerable citizens -- American children," Baker added.
Hearing
about the Long's dilemma, one California homeschooling mother
[who wished to remain anonymous] said that she went to her
pastor asking for the church's involvement exposing the courts
determination to end homeschooling in the state, and was told to
her dismay that the church would not get involved citing Romans
13. She was told "We'll pray on it." I also prayed,
which led me to come to you for help, she replied.
Exodus
Mandate, a national advocacy group that urges parents to remove
their children from the public school systems, has launched a
California affiliate in the wake of passage of SB 777. The California
Exodus project has been
endorsed by a coalition of Christian organizations.
California
isn't the only state beginning to clamp down on homeschooling
families. For instance, in Oregon the state legislature has made
grumblings about children not under their control because they
are homeschooled and not exposed to indoctrination, according to
public education critics.
One
man who has been at the forefront of fighting for parents rights
is Jack Alan Brown, a key figure in the Constitution
Party of Oregon. An avowed conservative, Brown set out to
collect signatures on a petition that would lead to a referendum
placed on Oregon's election ballot. The referendum would ensure
that parents' rights to educate their own children would be
recognized by the state as sacrosanct.
"I
believe that the phrase 'parental rights' involves two critical
ingredients -- one is stated and the other is implied: parents
and offspring. It links those two ingredients in a relationship
that has rights imputed to one party of that relationship
without denying that the other party has rights as well, i.e.,
saying that we believe in parental rights does not mean that
only parents have rights, said Brown.
"Parental
rights is a plural phrase, because it has numerous aspects.
Parents have the right to honor and obedience from their
offspring, but the passing on of their value system to their
offspring is not only a right, it is a responsibility. Providing
shelter and sustenance is a responsibility. Developing the moral
character of one's offspring is not only a right it is a
responsibility. Developing skills of one's offspring for
survival as an adult is not only a right it is a responsibility.
To interfere with the exercise of one's responsibility is as
dastardly as interfering with the exercise of one's
rights," he said.
Brown
adds, "The majority of the participating voters of this
state, through initiatives and through their elected
representatives, have forcibly taken away the rights of parents
to oversee the upbringing of their children, and have also
restricted their rights to contract. We can only remedy the
situation when we repeal all compulsory education statutes and
eliminate mandatory public financing of education."
Unfortunately,
Brown fell short on the number of signatures collected. But he's
vowed to continue to fight for parents' rights and the rights of
children to be free from indoctrination.