The Homeschooling Situation in California
March 8th, 2008 by James GrantIf you haven’t heard or read about the situation in California concerning the freedom to home school, check out some of the links below and the newspaper reports here and here. Make no mistake about this situation: it is not just about homeschooling. It is about freedom, parental authority, and educational philosophy to mention a few issues. For example, The San Fransisco Chroniclequotes Justice H. Walter Croskey: “California courts have held that … parents do not have a constitutional right to homeschool their children.” But the judge doesn’t stop there. He continues to articulate a philosophy of education that can be at odds with the Christian faith: “A primary purpose of the educational system is to train school children in good citizenship, patriotism and loyalty to the state and the nation as a means of protecting the public welfare…”
Loyalty to the state? Am I reading something from a judge in the United States of America?
Over at First Things, Joseph Bottum references several bloggers [including the libertarian legal bloggers at the Volokh Conspiracy] who think that the facts in this case are weak. But his colleague Robert T. Miller responds by saying, “Now that the case is on the books, however, it would seem to me that any homeschooling parent in California could sue the state in federal district court, seeking a declaratory judgment that the California statute at issue, as interpreted by the California court, violates the federal Constitution. This would have two advantages: For one, the homeschoolers could choose a more sympathetic lead-plaintiff, and, for another, the action would proceed in the federal courts rather than the California state courts.”
Be sure to read Miller’s whole post about the ramifications involved in arguing for a substantive due-process right in regard to homeschooling since that process provided the right to abortion. Here are several links for those interested:
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March 8th, 2008 at 3:51 pm
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