Acton.org | Chris Banescu | Mar. 12, 2008
Declaring that “parents do not have a constitutional right to home school their children,” the Second District Court of Appeal for the state of California recently issued a ruling that effectively bans families from homeschooling their children and threatens parents with criminal penalties for daring to do so. According to the Home School Legal Defense Association (HSLDA) this court decision has made “almost all forms of homeschooling in California” a violation of state law. Once again our judicial system moves to restrict religious and personal liberties, severely limit parental rights, and significantly increase the power, scope, and control of the state over our lives.
There are approximately 166,000 homeschooled children in California. With the stroke of a pen the appellate court criminalized the lawful educational choices of tens of thousands of innocent families across the state, subjected them to possible fines, and labeled their children as potential truants. This activist court chose to bypass the will of the people and legislated from the bench based on anecdotal evidence and its own clearly biased and subjective opinions about the constitutionality of parental rights and the quality of a homeschooled education. This decision attacks the freedom of parents to decide on the best educational environment for their children, restricts their religious rights to practice their faith without governmental interference, and violates their freedom to raise their offspring as they see fit without the ideological pollution and atheistic/leftist indoctrination so prevalent in our public school system.
In a state that allows minors to have abortions without parental notification and consent, having the court complain about the welfare and safety of children who are homeschooled is laughable. The court also conveniently turned a blind eye to the increasing levels of violence and murder in many California public schools, as well as the abysmal quality of education in those very same schools. With California ranking near the bottom in the quality of its public education system, a state-wide illiteracy rate of approximately 24 percent, and drop-out rates hovering around 30 percent, the California public education system is not the shining example and standard the courts should be applying and measuring against.
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