An appellate court judge in California on February 28, 2008 reversed a lower court ruling, finding that parents do not have a constitutional right to home school their children. Disregarding some California precedence and Society of Sisters and Yoder U.S. Supreme Court cases, the judge remanded the case to the lower court, and effectively ordered the parents to enroll their children in a public full-time day school or a "legally qualified private full-time day" school." The judge could find no constitutional or legal right to home school in California, stating clearly within the decision that such parents who care for, and love their children that they will be subject to "a criminal complaint against them, found guilty of an infraction, and subject to imposition of fines or an order ot complete a parent education and counseling program." P. 11 of Decision. I'm no expert on homeschooling law little alone California law, but the judge in this decision gulps quite a chunk, and weaves through the constitutional law like an old drunk driver. The challenge to concerned and loving parents cannot be avoided: If you love and discipline your children, if you love the souls, minds, and hearts, of your children, and if you educate your children at home, your are a criminal. The law in California has changed recently, that requires all public school children be instructed at some point, the myth that homosexuality is an acceptable lifestyle. Let's see now, imposed views on a moral problem, education and counseling, all this sounds a little "soviet" to me. In an ironic way, when analyzing the Yoder decision regarding the Amish, the court found that if Christians just lived out their lives a little more obviously and openly, and that if he could observe that Christians live a Christian lifestyle, rather than a wordly one, then he may be able to find homeschooling acceptable!! In otherwords, a “sincerely held religious belief” is not enough. The judge said you have to live it in order to kick in First Amendment protections. Even here in the dingy mind of this a judge, He is calling us. Gospel anyone?
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That whole thing is scary. If I had school age childeren they would not step one foot inside a government run school (except maybe to play basketball or some such thing)
ReplyDeleteI have 11th and 12th graders in my RE classes that are so poorly educated that the teachers and schools should have a class action suit filed against them for destroying valuable minds. The scariest part is these kids think they’re smart.
The summit problem in this matter, is that the children have a RIGHT to be educated well, with the use of primary and original sources. They also have the right to know the truth. Instead, educational institutions at the local level have been invaded with federal mandates and overwhelming paperwork that does little to recognize what needs to be done to truly educate children, and only serves to fulfill the mandates of laws and agencies to be filed in the gigantic warehouse in the basement of the U.S. Department of Education. As congresses and legislatures have legislated more monety, new laws, rules, and other noble ranked wording, we have only managed to bring education in this country of mediocracy--not the excellence that is often achieved at the local private and/or truly Catholic school. Mediocrity: that is the true goal of this judge and so many of the well-educated and certified folks that inhabit our classrooms. The ability to teach is a talent, from the heart, with a purpose, to tell the truth in all things. Today, such a goal is a serious challenge to those who only occupy the teaching position but fail to teach.
ReplyDeleteI am drawn to the last bit of your article, John, where the court cannot discern a precisely Christian lifestyle. I find this so telling. It's one of the elephants in the kitchen each time a couple comes to ask to have their child baptised but have no clue about the responsibiiities that go with baptism. I sit there with the lovely couple and their lovely child and cannot discern a single bit of christian lifestyle anywhere. No Sunday Mass, all too often no catholic marriage, no knowledge of the Faith .. aaagh! And yet, vehemently, they call themselves catholic.
ReplyDeleteA sad comment indeed, Fr., especially where such couples and their children return to the world--without practicing their Faith--faced with the onslought of media spins, Hollywood hype, consumer frenzy, happy homilies, dancing churches, and a world of false bravado and and materialism highs, and we ask why are our children shooting at us? Then, if you get a pastor or priest that speaks of morality, Catholic culture, dos and do nots, and the Gospel, that pastor gets shunned or closeted into some remote "island" away from mainstream civil, cultural, musical and church mediocrity! If they wanted justice--especially social justice--such priests and pastors would stand at every lectern. God calls us to excellence, even if we cannot achieve it, but He calls us to it nonetheless! Thanks for preaching the Gospel, Fr., as God has called you to it.
ReplyDeleteOh God, grant us the grace to love You and to seek excellence in all things.