Perspectives; Thoughts; Comments; Opinions; Discussions

Posts tagged ‘Home School Legal Defense Association’

4 Supremes alert America: ‘Trouble is coming’


Supreme Court Justices Antonin Scalia, Clarence Thomas, Samuel Alito and Chief Justice John Roberts

America needs to prepare for a major governmental assault on religious liberty in the wake of the Supreme Court’s marriage ruling, but those standing against the tide can find plenty of inspiration from those who pioneered the concept of religious freedom at the American founding.

Michael Farris is co-founder of the Home School Legal Defense Association and author of “The History of Religious Liberty.” The book details the fierce fight for the religious freedom provisions that eventually emerged in the First Amendment to the Constitution.

Farris said history is critical to understand in the wake of the marriage decision and the brand new threats to liberty being advocated on the political left.

The day after the Obergefell v. Hodges decision was handed down, Sen. Tammy Baldwin, D-Wisc., told MSNBC she believed religious liberty was a much narrower concept than has been understood for centuries. “Certainly the First Amendment says that in institutions of faith that there is absolute power to, you know, to observe deeply held religious beliefs,” Baldwin said. “But I don’t think it extends far beyond that. We’ve seen the set of arguments play out in issues such as access to contraception.”More Evidence

She added, “Should it be the individual pharmacist whose religious beliefs guides whether a prescription is filled? In this context, they’re talking about expanding this far beyond our churches and synagogues to businesses and individuals across this country. I think there are clear limits that have been set in other contexts, and we ought to abide by those in this new context across America.”What did you say 05.jpg

Michael Farris’ “History of Religious Liberty” is a sweeping literary work that passionately traces the epic history of religious liberty across three centuries, from the turbulent days of medieval Europe to colonial America and the birth pangs of a new nation. 

Farris is dumbfounded at Baldwin’s reading of the First Amendment. “The ignorance of members of Congress and the U.S. Senate never ceases to baffle me. How did they get there in the first place without taking a basic civics course? Or maybe they have and they just don’t believe it,” Farris said. “This senator has just simply walked away from not only the text of the Constitution and the meaning of the Constitution but our great American traditions.”

In fact, Farris believes Baldwin’s concept of religious liberty is almost completely backward. “It is an institutional right,” he said. “Churches have religious freedom, but it’s primarily an individual right. The Supreme Court – back in the day when it used to think straight – would say things like it’s not up to the government or the courts to determine which individual within a faith has correctly understood the demands of that faith. You’re allowed to go your own way.”SCOTUS GIANT

In response to the court decision, Govs. Greg Abbott, R-Texas, and Sam Brownback, R-Kansas, have announced their states will vigorously protect the religious liberty of the people. Farris applauds the efforts but warns those policies won’t stop all government intrusion into Americans’ lives or the practices of religious institutions. “That’s a good thing. It limits the areas where a church or a school can expect an attack. But a Christian college residing in one of those states can still expect an attack from the IRS or from the accrediting association or from the U.S. Department of Education if they don’t go along with the federal edicts on this,” said Farris, who warned schools and churches would be wise to protect themselves legally now given the dire warnings offered in the dissents to the Obergefell decision. “We have four justices on the Supreme Court effectively warning all the religious institutions, ‘You better do something about this because trouble’s coming.’ I don’t think that’s an idle speculation,” he said. “That’s about as strong of a warning from about as high a source as you can possibly get.”

<div>Please enable Javascript to watch this video</div>Farris expects the Religious Freedom Restoration Act to provide federal protection for Christian individuals and organizations, but only to the extent that Justice Anthony Kennedy acknowledges it.

In “The History of Religious Freedom,” Farris details the long, unlikely triumph of religious freedom in America’s founding. Just as in Europe, colonial America witnesses various denominations cracking down on others.

Modern history textbooks credit enlightenment thinking for the emergence of religious liberty in America. To Farris, that’s academic fantasy, cp 11and true scholars have actually debunked that notion. “It’s simply not true,” he said. “I lay out the historical evidence in great detail. One Harvard historian around the 1920s said the evidence that people who are indifferent to religion, that basically is the enlightenment crowd, were the cause of religious liberty is an unsustainable argument. There is simply no evidence for that point.” He added, “It was people who cared very deeply. It was grassroots kinds of Christians fighting establishment kind of Christians who gave us religious liberty for everybody. The battle for religious liberty wasn’t settled on the Mayflower.”

Protections for the free exercise of religion were anything but guaranteed in America. Farris said the colonial government of Virginia teamed with the Anglican Church to punish dissenters as late as the 1770s. In 1776, Virginia’s Declaration of Rights became the first declaration of religious liberty anywhere in the world.

In 1789, Congress approved the Bill of Rights and sent them to the states for approval. That same year, the French Revolution unfolded. The upheaval in the two countries has long been compared, especially as the U.S. moved forward with stability and France subsequently endured the Reign of Terror and the Napoleonic era.

Farris said there are key reasons for the very different results of revolutions rooted in freedom, including America’s much deeper respect for personal religious liberty and vastly different views about the nature of man.

“France believed that man was perfectable and that we could create our own utopia, whereas the American Revolution followed the Christian biblical idea that all men are sinners and that’s why you needed limited government, because you can’t trust any man in government to rule faithfully forever,” he explained.

According to Farris, the greatest parallel between the colonial struggle for religious freedom and today’s cultural battles is where the battle lines are drawn. Religious freedom was not championed by the ruling class. “It was a monumental battle,” he said. “It was the common people, who believed in Jesus, who believed the Bible was the authority for their faith and their life, who really fought the war and won. Many of them paid with their lives.”

Farris said the founding generation should serve as inspiration for the religious freedom fights of this century.

“Common people armed with bravery and faith in God can turn anything around,” he said. “I’ve seen it in my own life through the homeschooling movement. We were outnumbered and outgunned by the teachers’ unions day after day after day. We won battle after battle after battle because (we were) common people armed with the Constitution of the United States and belief in the Word of God.”

Tree of Liberty 03 Freedom is never free freedom combo 2

Now feds can order any family to violate religious beliefs


WWW.WND.COM

WWW.WND.COM

http://www.wnd.com/2014/03/now-feds-can-order-any-family-to-violate-religious-beliefs/#vz4w4zLCprkXQ6yj.99

Homeschool advocates warn of dangerous precedent from court case

Published: 19 hours ago

author-image Bob Unruh

Bob Unruh joined WND in 2006 after nearly three decades with the Associated Press, as well as several Upper Midwest newspapers, where he covered everything from legislative battles and sports to tornadoes and homicidal survivalists. He is also a photographer whose scenic work has been used commercially.

An administrative decision by the Department of Homeland Security means members of a German homeschool family whose grant of asylum in the U.S. later was withdrawn will not be returned to face the persecution homeschoolers face in Germany.

But advocates for homeschooling are warning that the underlying legal precedent in the Romeike family’s case suggests that the government always knows best what education is appropriate for children and can require them to attend a school that violates their religious beliefs.

The warning comes from Michael Farris, founder of the Home School Legal Defense Association, which represented the family.

The Romeikes were facing massive punishment, including fines, jail time and loss of custody of their children, had they remained in Germany and continued homeschooling. They made the choice because of teaching in public schools on homosexuality, abortion and other issues that violated the family’s Christian faith.

An appeals court complied with the Obama administration’s request to withdraw the granting of asylum, and the Supreme Court recently left the decision undisturbed.

Last week, however, the DHS said it would put the case on a deferred status under which the family would be able to remain in the United States indefinitely.

While that is a victory for the Romeikes, Farris warned that Americans need to be watching what actually was determined in the courts.

In a statement posted on HSLDA’s website, Farris said “the dangers latent in this case must be understood, combated and reversed.”

“Once these dangerous ideas are unmasked, it becomes apparent that they pose real threats to the principles of freedom that virtually all Americans would have believed were solidly established.”

Farris noted the government “contended that forcing a parent to have their children attend a school that violates their religious beliefs does not offend a conviction that one should not be required to change.”

“Hence, the first dangerous rule to emerge from the Romeike case is that governments may order children to attend schools that violate the family’s religious beliefs. It was not a direct ruling in this case … but the conclusion is present just the same,” he said.

He said the arguments in support of that conclusion are equally alarming.

The Obama administration relied on a decision by Germany’s Federal Constitutional Court in the American case.

That foreign court found: “The general public has a justified interest in counteracting the development of religiously or philosophically motivated ‘parallel societies’ and in integrating minorities in this area. Integration does not only require that the majority of the population does not exclude religious or ideological minorities, but, in fact, that these minorities do not segregate themselves and that they do not close themselves off to a dialogue with dissenters and people of other beliefs. Dialogue with such minorities is an enrichment for an open pluralistic society. The learning and practicing of this in the sense of experienced tolerance is an important lesson right from the elementary school stage. The presence of a broad spectrum of convictions in a classroom can sustainably develop the ability of all pupils in being tolerant and exercising the dialogue that is a basic requirement of democratic decision-making process.”

Farris said the U.S. government argued the German court was simply trying to promote tolerance.

“Tolerance? Really? The aberrational German theory of ‘tolerance’ was clearly demonstrated by the facts in the record,” Farris said. “Another German appeals court held that it is appropriate to use the family courts to seek ‘the removal of the right [of parents] to determine the residence of the children and to decide on the children’s education.’ The same court held that it is ‘completely acceptable’ for courts to ‘enforce the handover of the children, by force if necessary and by means of entering and searching the parental home.’”

The German courts said physical force, including such components as SWAT teams with equipment to smash down doors on homes, was needed to prevent “the damage to the children, which is occurring through the continued exclusive teaching of the children of [sic] the mother at home,’” the HSLDA analysis noted.

“The court conceded that it was not concerned with academic issues – homeschooling could successfully transmit knowledge. It was the philosophical development of children that was at issue. The German court believed that it was ‘damaging’ to children to be taught only the philosophy of their mother,” said HSLDA.

Farris explained that the “controlling legal rule” in the case “is that persecution is proven when a government acts against a person either for an immutable characteristic or for a reason that one should not be required to change.”

Regarding homeschooling, the case sends the message that government is allowed to force parents to change their beliefs, he said.

The Obama Justice Department, on the issue, echoed George Washington University Law Professor Catherine Ross, Farris wrote.

Ross said: “In order for the norm of tolerance to survive across generations, society need not and should not tolerate the inculcation of absolutist views that undermine toleration of difference. Respect for difference should not be confused with approval for approaches that would splinter us into countless warring groups. Hence an argument that tolerance for diverse views and values is a foundational principle does not conflict with the notion that the state can and should limit the ability of intolerant homeschoolers to inculcate hostility to difference in their children – at least during the portion of the day they claim to devote to satisfying the compulsory schooling requirement.”

Farris disputed her argument, contending history and logic prove “tolerance will never be achieved by a government which is intolerant of religious minorities.”

“The long-term concern for American homeschoolers arising from the Romeike case is obvious,” he wrote. “If our government contends that Germany did not violate the principles of religious freedom when it banned homeschooling in order to gain philosophical control over children, then it implies that it would not violate religious freedom or parental rights if the United States decided to ban homeschooling for the same purpose. After all, we would simply be promoting tolerance and pluralism.”

He said what really is needed is a Parental Rights Amendment, which would tell government “to not interfere with our rights to raise our children.”

The alarm Farris expressed echoed that of several WND columnists.

Ambassador Alan Keyes wrote: “It’s telling that Obama and Holder held out against the Romeike family’s plea for asylum until, with the passive-aggressive support of the U.S. Supreme Court, they had established a legal precedent upholding the administration’s lawless view that an unalienable right of the natural family (rooted in the parents’ obligation conscientiously to care for the upbringing of their children) is a ‘mutable choice’ government is not bound to respect.”

WND Editor-in-Chief Joseph Farah wrote that people need to understand “the Romeikes are victims of a Nazi-era law that has never been overturned.”

“The 1938 law passed under the leadership of Adolf Hitler eliminated exemptions that would provide an open door for homeschoolers under the nation’s compulsory education laws.”

It was in 1937 when Hitler himself said: “The youth of today is ever the people of tomorrow. For this reason we have set before ourselves the task of inoculating our youth with the spirit of this community of the people at a very early age, at an age when human beings are still unperverted and therefore unspoiled. This Reich stands, and it is building itself up for the future, upon its youth. And this new Reich will give its youth to no one, but will itself take youth and give to youth its own education and its own upbringing.”

WND reported when the DHS decision was announced that supporters of the family still believed an act of Congress might be needed to establish family rights again.

Tag Cloud