Uh-oh. A New Hampshire court is ordering a girl to be taken out of homeschooling and put into the public school system because she might be too religious.
As is typical with these kinds of cases it seems to have started with a divorce where the mother, who homeschooled the child, is religious and the father doesn’t want the same things for their child. So a court case ensued. That’s all sadly typical but the strange thing is the judge’s ruling which should shock and worry homeschoolers everywhere.
The Alliance Defense Fund reports:
An Alliance Defense Fund allied attorney filed motions with a New Hampshire court Monday asking it to reconsider and stay its decision to order a 10-year-old home-schooled girl into a government-run school in Meredith.
Although the marital master making recommendations to the court agreed the child is “well liked, social and interactive with her peers, academically promising, and intellectually at or superior to grade level” and that “it is clear that the home schooling…has more than kept up with the academic requirements of the…public school system,” he nonetheless proposed that the Christian girl be ordered into a government-run school after considering “the impact of [her religious] beliefs on her interaction with others.” The court approved the order.
“Parents have a fundamental right to make educational choices for their children. In this case specifically, the court is illegitimately altering a method of education that the court itself admits is working,” said ADF-allied attorney John Anthony Simmons of Hampton. “The court is essentially saying that the evidence shows that, socially and academically, this girl is doing great, but her religious beliefs are a bit too sincerely held and must be sifted, tested by, and mixed among other worldviews. This is a step too far for any court to take.”
The ruling can be found in its entirety http://www.dakotavoice.com/2009/08/judge-orders-homeschooler-into-public-school-for-being-too-religious/. But here’s some quotes for your perusal:
“The counselor found Amanda to lack some youthful characteristics. She appeared to reflect her mother’s rigidity on questions of faith…
“The Guardian Ad Litem concluded that Amanda’s interests and particularly her intellectual and emotion development would be best served by exposure to a public school setting in which she would be challenged to solve problems presented by a group learning situation and by the social interactivity of children her age. She also concluded that Amanda would be best served by exposure to different points of view at a time in her life when she must begin to critically evaluate multiple systems of belief and behavior and cooperation in order to select as a young adult which of those systems would best suit her needs…
The evidence support a finding that Amanda is generally likable and well liked, social and interactive with her peers, academically promising and intellectually at or superior to grade level….
Amanda’s vigorous defense of her religious beliefs to the counselor suggests strongly that she has not had the opportunity to seriously consider any other points of view…
The Court has not considered the merits of Amanda’s religious beliefs but considered only the impact of those beliefs on her interaction with others both past and future…
This is a worrisome ruling and, I fear, a sign of things to come.
August 27, 2009 at 8:44 pm
It seems to me that the real problem here is divorce. When divorce happens, courts necessarily end up poking their nose into private details of family life that really ought to be none of their business.
If we want to prevent this kind of situation, it seems to me that working to strengthen marriages and to challenge no-fault divorce would be the way to get to the real root of the problem.
August 27, 2009 at 8:54 pm
I was just arguing about this case with a friend at work, thanks for the post. It is remarkably sad that this is allowed to happen.
August 27, 2009 at 10:49 pm
So maybe they'll start evaluating public kids and advising that they aren't religious enough? You could apply the same reasoning skills…
Sad though, no doubt. After 17 years of homeschooling now, it would be a shame to see this kind of court-mandated reversal.
Home School Legal Defense Fund–join HSLDA.org now!
August 27, 2009 at 11:26 pm
Whelp! I'm beyond outraged. Thanks for pointing out HSLDA, FamilyMan.
August 28, 2009 at 12:44 am
Sick to my stomach.
August 28, 2009 at 12:48 am
That's just awful.
August 28, 2009 at 12:50 am
Unbelievable. Another example of inane, insane ruling by the courts, as in the South Dakota decision on abortion. (See http://acts17verse28.blogspot.com/2009/08/clear-as-mud.html)
August 28, 2009 at 1:17 am
Wow… my 9 year old would be screwed then because she'll defend the faith faster than most adults I know and don't get her started about abortion.
What's horrible here (aside from all the rest) is that being "rigid" in your faith is being considered a fault! Since when does having principles and standards mean that you're too rigid?
Thank God for HSLDA.
August 28, 2009 at 1:35 am
HSLDA – absolutely!!!
And also – while you are at it – check out parentalrights.org and learn everything about the UN and the Convention on the Rights of the Child – also called UNCRC.
This Convention was signed under Clinton and just needs ratification by Congress. Our Secretary of State will make sure that this will happen.
One of the scariest parts of this Convention is its power to override certain state laws – http://www.parentalrights.org/index.asp?Type=B_BASIC&SEC={B56D7393-E583-4658-85E6-C1974B1A57F8}
(check the 4th and 7th bullet points on that)
Mercy!
Mum26
August 28, 2009 at 2:41 am
I think the first comment is correct,the problem is the divorce. I mean, it's not as if the state were interfering with a couple who were agreed on how to raise their daughter, the state was merely adjudicating a disagreement between two parties, which is exactly what the civil courts are for.
August 28, 2009 at 2:44 am
Yeah, but ajudicated *wrongly*.
I would ask, Whiskey Tango Foxtrot happened to "Live Free or Die"?
August 28, 2009 at 2:48 am
Wait, does the father want to see his daughter in public school as opposed to home school? I've read the linked articles and somehow that question is never answered. It could be that the court is simply agreeing with the father.
August 28, 2009 at 3:15 am
While I agree that divorce is a huge problem and that it gives courts an opportunity to get involved in family matters that it otherwise would not need to be in, I think this is more related to our society's systematic way of indoctrinating relativism. It is as if the state, which according to the separation of religion and state, ought to stay out of the faith formation of children, is saying to the parent, "its fine for you to believe whatever you want to, but we don't want you teaching it to your children. if they happen to want to believe it, too, they'll somehow have to find a way to defend it according to our plan for their education." i don't understand how the government can inflict that relativism on others if they claim to uphold separation. relativism is a problem imposed upon religions in our day and age. its not a separation from religion but a roadblock to authentically living ones faith.
August 28, 2009 at 5:56 am
"Live free or die" – soon it might be necessary to take the second option.
I see the girl (and here mother) as martyrs of sorts in this situation. While I agree all this it is frightful, I also believe that God can do great things through this situation. A girl with a strong faith dropped into a secular milieu might bring great catalysis her peers and teachers (or they might eat her up – I pray the first option happens).
August 28, 2009 at 11:41 am
Here we go people! A line in the sand has been drawn and the gauntlet thrown down.
First of all if you're a believer you'd better start praying for all those involved, especially for the little girl caught in the middle of a nasty divorce.
Second we need to petition the court to reconsider it's decision. We just can't roll over on this one folks. It's crunch time!
August 28, 2009 at 12:29 pm
Look for this application to be used to club Catholic schools next.
Being in a homogenous group environment where everyone believes the same faith…why, they don't get to solve problems or critically evaluate multiple systems of behavior!
I'm sorry, your child is becoming too self aware and too intellegent and too educated but don't worry, we can fix that. The courts and the school system are not supposed to provide equity of faith or lack thereof, outcomes!
The real injury is to the family, wherein the fate of the child is being ping ponged between the parents.
August 28, 2009 at 2:03 pm
There is so much to comment on here. Divorce is the issue here. But it also seems that a marriage with one Christian parent and one non-Christian parent is also a contributing factor. We talk about these issues in our blog. Stop buy and check us out. http://www.judiciouschristianparenting.blogspot.com
August 28, 2009 at 2:24 pm
So, what is going to happen to this judge? Nothing? Why?
August 28, 2009 at 3:07 pm
Even granting that the matter of divorce gives the Court jurisdiction in this matter, presumably the Court is likewise still bound, in rendering judgment, by Constitutional constraints. How does this ruling pass the "nor prohibit the free exercise" clause of the Constitution regarding religion? If Congress can pass no law in this regard, how can a Court make a binding ruling which effects the same?
The questions are not simply rhetorical: it would be helpful to me if anyone with legal expertise can comment.
August 28, 2009 at 6:17 pm
I'm glad to see this story getting more attention. I wasn't shocked when I first saw it, just saddened.
One of the Prime difficulties is SOCIAL SERVICES. For 30 years I advised, Stay of of SS's sight, esp. Child Protective Services!
Remember, liberal (biased) college professors, teach (oximoron) impressionable young people, to be biased, self-rightous cogs in goverment agencies. Okay, not all of them but way too many.
Been there, done that, worked there…scary! Prayers, JMJ help us.