In my previous post we already established the fact that despite the sequestration, having to release over 2,000 illegal aliens from holding for non-violent criminal activity and a myriad of other issues engulfing our nation, this administration and the Justice Department finds it necessary to go after a German Christian family living in Tennessee that has already been granted asylum from a federal immigration judge. If you believe as I do that this has nothing to do with the Romeike family, you’ll have to draw some conclusions as to why this particular case is so important. I believe this case has everything to do with precedent: An earlier event or action regarded as an example or guide to be considered in subsequent similar actions. That is, there is something compelling about this case that the Justice Department would like to establish in the court system so as to have it on record for a basis of argument in future cases. So what exactly is the government’s position on the Romeike case?
A lot of this information comes directly from HSLDA Founder and Chairman, Michael Farris. He’s the gentleman who wrote the brief for the Romeike family. In his summary of the government’s position, the Justice Department is making three arguments to support sending the Romeike family back to Germany with the possibility of having their children taken away from them.
First: The government isn’t violating anyone’s rights if homeschooling is banned altogether.
Second: The Romeikes failed to show there was discrimination based on religion since not all homeschooling families are Christian, and not every Christian believes they have to homeschool.
Third: The Romeikes did not meet the standard of being part of a social group with “immutable” characteristics that can’t change and should not be required to change. They said the Romeikes could choose not to homeschool and send their children to public school and then teach from home since their children would have only been in school for 22-26 hours during the week.
Michael Farris already makes some well thought out compelling arguments regarding the fallacy and potential dangers of the government’s position and I strongly encourage you to read his take here. It is not my intention to just reiterate what has already been stated but I want to look at the government’s arguments through the backdrop of Common Core or any other federally mandated educational system. And it’s important to point out that once your state turns over its educational sovereignty to the federal government under the banner of Common Core, it’s a federally mandated educational system. You may continue to have your “state” Department of Education, but that department will continue to morph into an enforcement arm of the “federal” Department of Education reporting directly to the United States Secretary of Education, currently Arne Duncan.
The government isn’t violating anyone’s rights if homeschooling is banned altogether.
According to the Justice Department, there is no fundamental right to homeschool your children. Put another way, the government is the arbitrator of the right to homeschool and as long as the government applies equal treatment in the way it pursues rights to homeschool, or not to homeschool. This is a shocking revelation by the Justice Department. Currently it is your decision whether or not to homeschool your children. You may decide to do so for religious reasons. Or you may decide that the scholastic standards in your district aren’t what they should be. Maybe the school your child attends isn’t safe. For any of these reasons, you currently have the right to educate your child the way you see fit. But only because the federal government is permitting you to, currently. If the government should decide that homeschooling is not in the best interest of your child for, say, not being able to keep up with the Common Core standards, the government has every right to institute compulsory education for the benefit of society as long as it applies equal treatment across the board.
The Romeikes failed to show there was discrimination based on religion since not all homeschooling families are Christian, and not every Christian believes they have to homeschool.
Again, Mr. Farris makes an excellent argument regarding the government’s lack of understanding that religious freedom is an individual right and it should be read. However, I don’t think this is as much a lack of understanding individual rights as it is a major push for collectivism. This philosophy is so firmly entrenched within this administration, whether it be collective salvation or children belonging to the communities, I believe the Justice Department is looking to win this case to set the precedent that there is no individual religious thought and unless all Christians are homeschoolers, no Christians have the right to homeschool. I personally believe this government understands individual rights perfectly and this government absolutely does not subscribe to this philosophy.
The Romeikes did not meet the standard of being part of a social group with “immutable” characteristics that can’t change and should not be required to change. They said the Romeikes could choose not to homeschool and send their children to public school and then teach from home since their children would have only been in school for 22-26 hours during the week.
This is, in my opinion, the “media” argument. This is, and will be the “common sense solution” for compulsory government mandated education. It’s already being used in defense of Common Core! “Well the states get to choose what they want for 15% of the curriculum.” In fact, I love Mr. Farris’s take regarding this third argument from the Justice Department:
“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.”
So there it is. While the Common Core issues are being played out by the states, behind the scenes the Justice Department, at the behest of the Obama Administration, is working to ensure judicial precedence is set to force homeschoolers to comply with compulsory federally regulated government education. We can’t have all of these parents pulling their kids out of school because of Common Core can we? It’s what the left hand is doing while the right hand is showing. That’s my opinion. If you’ve got a better explanation as to why the Federal Government is so interested in a Christian German family living in Tennessee, I’d love to hear it.