“Diplomas Play No Role For Us”: The Case of the Wunderlichs

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“Diplomas Play No Role For Us”: The Case of the Wunderlichs, by Jennifer Stahl

HA note: The following is reprinted with permission from Jennifer Stahl’s blog Yeshua, Hineni. It was originally published on September 16, 2013 with the title, “German Homeschooling Case – The Wunderlichs.”

I’ve just finished getting myself caught up with the issue of sects in Germany who try to home-school and have had run ins with the law. Generally, but not always, the HSLDA has has been meddling in Germany with these issues rather than let people hash out the Constitutional law within the courts and appealing to the Constitutional Court in Karlsruhe.

For what it is worth, I was home-schooled from the sixth grade forward under the Home School Legal Defense Association umbrella. (1993-1999)

I do not believe in breaking the law to do whatever you want. You have to lobby to have the laws changed.

You have to argue, within the court system that Constitutional law is antiquated and argue that the law must be changed so that you can work within it; if that is what you truly believe.

However, in the last decade or so, many sects of Christian home-schoolers who have been pressing the issue have been doing many things to place their children in danger; giving sub-par education, little or no medical attention; living the life of isolationists — which has caused the government to be well within rights to be breathing down their necks or taking their children into foster care.

The problem here is, Germany looks at issues like this as if it were a family matter. It’s more than looking at it as a purely domestic matter that any German allies can weigh in on. This doesn’t concern other court systems in the EU, and the European Court of Human Rights has already weighed in on German Homeschooling cases. It doesn’t concern allies, such as the United States.

You also have to remember that while Germany’s treatment of groups with cultish or extremist sectarian beliefs  sometimes amount to “discrimination” in many of our allies eyes, its laws must be seen the context of its history and the fear of political as well as religious extremism. We are finding more and more, that people who do separate themselves out of society do tend to trend towards both religious and political extremism.

This does not at all exclude or include the cases that the HSLDA has been weighing in on.

With this in mind, you have to know that there are around 400 Homeschooling families in Germany if the HSLDA is to be believed. Schuzh says it is closer to 500 families. This also counts the Romeike Family, The Wunderlichs and the families of the Zwölf Stämme, which I have discussed before.

This blog, however, states the numbers are rather questionable:

How many Germans ignore German laws on compulsory education, can not be measured as most parents simply [home-school in secret] or emigrate in secret. Stefanie Mohsennia knows about 200 free-learning German families and speculates that there are currently over 1,000 families in Germany who do not send their children to school. “There are always more.” says Stefanie Mohsennia…Leben im Untergrund – Homeschooling-Familien in Deutschland [Living underground – Home-schooling families in Germany]

As far as what the European Human Rights Court has to say:

[The German Constitutional Court in Karlsruhe] refused to admit the applicant’s constitutional complaint because it had already dealt with the decisive constitutional issues in its settled case-law.

…[The EU Human Rights Court] notes that there exists a difference of treatment between the applicant’s children and…  children [who] were physically unfit …or… [whose] parents move around the country… 
… the Court finds that the above distinctions justifies a difference of treatment.
Konrad and Others v. Germany

Konrad v. Germany also makes it clear that Germany’s “Basic Law” guarantees “the right to establish private schools.” The state does therefore not have a monopoly on education, only the right to regulate it.
Locus Standi: International Human Rights and Home schooling

Yet, when the news did break in American papers about the Wunderlich family last year, and this year – everything became sensationalized, and suddenly there is a lot of fear-mongering and lies being spread about how the compulsory schooling laws came into place, and why they came into place in Germany. [To clarify: It has been repeated quite often that these laws came into place when the NSDAP was in power and we’re very “Nazi” for not repealing them.] It’s made me physically ill that this is being said over and over through right-leaning news, and therefore disseminated to other Christians.

I literally have relatives that are terrified that I am suddenly surrounded by an up and coming Fourth Reich.

Why don’t we have a look and see why?

“The education administration in future will also not recognize so-called homeschooling and act in proportionate measure considering the individual case and circumstances.””
WND: Government declares war on homeschooling parents (2006)

“A copy of the report justifying immediate seizure of the children was obtained by HSLDA. The reasons given for the seizure were that the children were ‘socially isolated,’ not in school and that there was a ‘flight risk,’ – none of which appear to be true,” the report said.

The family fled Germany because of a series of fines imposed for homeschooling and the concern that German authorities inside Germany would take custody of the children.
WND: French police grab 4 kids on German orders (2009)

Wunderlich said the Jugendamt “told me that the children must go to school.”
“We are very saddened by the way our country treats us,” he said. “Our nerves are black and short, and we are very tired by the pressure.
“I don’t understand my own country. What are we doing wrong? We are just doing what should be allowed to anyone.”
WND: State takes custody of children over socialization (2012)

Within days of the family registering their presence in Darmstadt, authorities initiated a criminal truancy case, and just months later city’s ‘Youth Welfare Office’ was granted legal custody of the children.
The Daily Mail UK: Armed Police turn up at family home wiht a battering ram to sieze their children after they defy Germany’s ban on homeschooling

After the children were taken, authorities “invited” the parents to a meeting with social workers. They were told they were not even being allowed an immediate court hearing on the status of the children.
WND: Police storm homeschool class, take children by force

Petra Wunderlich said her heart was shattered. “We are empty,” she said. “We need help. We are fighting but we need help.”
Life Site News: ‘We are empty’: Police storm German homeschooling family’s house, seize children

In an interview in Berlin last year, Dirk Wunderlich said he was prepared to go to jail rather than send his children to school. “But I’m not afraid of this,” he said. “I’m only sad for my family. I will go (to jail) laughing. You can do what you want, but my children will not go to school.”
CBN: German Officials Abduct Homeschooled Kids from Parents

…Failing to find employment, Mr.  Wunderlich last year had to bring the family back to their home country of Germany. Within days the “Youth Welfare Office” was granted legal custody of their children on the grounds of criminal truancy.
…The Wunderlich family’s experience foreshadows an ominous future for other German homeschooling families… and … raise concerns about the freedom of families in all free nations…
CrossMap: Government Seizes German Dirk and Petra Wunderlich’s Homeschooling Children—Whose Kids Are They?

 On their return, German authorities began a criminal truancy case against them and the children were placed in the custody of the Darmstadt Youth Welfare Office. Authorities found the children to be well treated… but seized the children’s passports to prevent the family from leaving the country.
CNA: German raid on home-schooling family draws condemnation

The court order allowed the police the use of force against both parents and children; it stated that the children had “adopted the parent’s opinions” regarding homeschooling, and that “no cooperation could be expected” from either the parents or the children.
Gatestone Institute: Europe: Treating Homeschoolers Like Terrorists

The Wunderlich’s lawyers will argue their case on the basis that the current education law is too vague. They are also arguing on the basis of the international treaties Germany has signed, since they appear to be violating those treaty obligations. HSLDA is helping support the Wunderlich’s lawyers… Although the Wunderlichs are hoping for a court date in September, they are still waiting.
The American Conservative: German Children Seized From Parents for Crime of Homeschooling

HSLDA lawyer Michael Donnelly said that when child protective systems in countries such as a Germany– which “claims to be a ‘liberal democracy’ committed to pluralism and human rights – allows for police raids to take children from otherwise good families who are providing a home education, liberty is at risk everywhere.”
WND: Homeschool case focal point for hate mail

What do the Wunderlichs think about this, themselves? Well, let’s hear it in their own words:

In 2005, our first child Machsejah reached the age of compulsory school attendance. We started home schooling from then on. At that time, war with the education agency began… A civil fine was levied. Then we were sued. We were found guilty of violating the compulsory school attendance statute and a monetary penalty was imposed. That was in 2008.
Interview with Dirk Wunderlich through the HEDUA Part 1

Our complete and no-holds-barred rejection of the institution of the school is reflected by exactly this argument. Even if public schools would align themselves with our beliefs and other educational ideas at the 100% level (without compromise whatsoever), we still would not send our children to school. The reason is that we are convinced that God’s intentions and plans for us cannot be realized within the artificial setting of school.
Interview with Dirk Wunderlich through the HEDUA Part 2

HEDUA also has articles herehereherehere, here and here that explain how the Wunderlich family sees their situation.

I do agree that there are issues with how certain sects of Christianity (and even Scientology) that homeschool are handled in Germany. We’ve seen how this plays out with the court cases involving the Zwölf Stämme. There are sometimes gaps in information between the courts, or the Jugendamt is sometimes slow to enforce the Schulpflicht or fines for not sending your children to school.

As far as the Wunderlich family goes, things are clearly not on the up and up. They were told by the state and each city seat that they’ve lived in that they can not continue to homeschool. They continued irregardless.

They’ve come out openly laughing in the face of the government. They’ve said that they’re happy to go to jail and lose custody of their children so that they can create a separatist faith movement and parallel society from their own home.

They’ve moved from city to city, and when that wasn’t working; they left the country. This raises questions. I don’t know what all questions this raises, but it certainly leaves holes in information that can lead one to many conclusions, of which, I am not ready to make any.

All the news articles I’ve read in English (from Fox, The Blaze, World Net Daily, CBN, World Mag and others) so far show very clearly that the authors know next to nothing about Germany, German law, German society at large, or the German educational system and its history. Instead, they’re happy to perpetuate myths and simply assume the police is this evil entity, because surely the HSLDA would not lie.

The information that I can find says that the court has found “The welfare of children is at risk. The children have not been receiving the education that would have been age-expected.”  This is enough to create concern in a nation full of over-acheivers who look for everyone to at least meet age-expected educational goals.

This sets a whole lot of questions flying. I do not know what to make of that. Does this mean that the children are now learning above their age grade, or that they are falling behind? I do not know.

Let’s see how the German news is handling this:

… the parents refuse any school system: “There is, however, compulsory education, the parents can not escape.” It does not mean just education, but also about social interaction and involvement that allows other world views to be heard. The children have been placed in a juvenile facility after a confirmed judicial decision by the Higher Regional Court in Frankfurt am Main. All attempts at discussion to reach an amicable agreement with the parents, during the summer holidays have been unsuccessful.
Idea: Jugendamt nimmt Christen die Kinder weg [Child Protective Services take Christian children away]

 …“Diplomas play no role for us. Our goal is heaven.” “Our family belongs to no specific Christian denomination, we are simply believers.” Dirk [Wunderlich] attended the Kreis Bergstraße’s Odenwald school, and he emphasizes the importance of Jesus Christ for himself and his family…
Echo: Schulpflicht: Jugendamt verteidigt Trennung von ElternSorgerecht – Vier Kinder aus Wembach werden schrittweise auf Schulbesuch vorbereitet  [Compulsory education: Youth Office defends separation of parents from children. Custody – Four children from Wembach to be gradually prepared for school]

Side note here: The Odenwaldschule [where Dirk Wunderlich attended] was known for a huge scandal that went down where the children were being sexually abused by some of the teachers. There was also mentioned of physical discipline being carried out. (It’s mentioned here in German, but not in the English Wikipedia article. You can find more here, here and here.) 

This is not insinuating anything about the family, but giving additional information that is not readily knowable to people who do not live in this area.

I know others who went to this school and nothing ever happened to them, and they are just as shocked as the rest of us that anything happened there.  As far as the education at the school goes, it was one of the best in the area.

…Parents are of the Christian faith and have hermetically sealed off their children from the outside world. They will have also refused to let the children be taught at a state-recognized private Christian school, reports the “Hessischer Rundfunk”…

…Evangelical Christians fight especially hard for the right to homeschool. They want their children to be kept away from worldly influences and try to educate them in their strict faith-driven world view…
Spiegel:  Schulverweigerer in Hessen: Polizei holt Kinder aus streng religiöser Familie [Truants in Hessen: Police bring children from a strictly religious family]

“If and when the children return to their parents, it is still unclear,” says Frank Horneff. In fact, the family will have to wait a while until a decision on their possible reunification. The District Court of Darmstadt intends to have the parents in for a hearing at the end of September.
Die Welt: Behandelt, “als wäre ich ein Terrorist” [Treated “as if I were a terrorist”]

For the time being, this is the only news coming out, other than from Der Blaue Brief which is linked to the HSLDA and other homeschool groups in Germany.

However, I do want to point out some very integral things that are not much discussed when it concerns Christian sects that wish to homeschool here in Germany. There are passages in Scripture that suggest that Christians are to take an unassuming, blameless lifestyle wherever we find ourselves; unless that government is causing them to break commandments in the Bible. Especially concerning our witness to those who do not believe as we do.

It is my full belief that breaking the law to do something you are convicted to do — especially something that is not commanded  by G-d explicitly in the Bible — is a terribly bad idea. 

Frequently moving around to escape the law, leaving the country when the court catches up to you, and hiding your children from the world is terribly suspicious, and not something the Bible commands.

Meddling in another country’s affairs to subvert the government (speaking of the HSLDA here, which is an American Homeschool Legal Defense Association), is also not a really good idea.

Especially when the Human Rights Courts of the EU have already twice made a ruling on similar cases, and the Constitutional Court of said country you are meddling in said “No, this is not happening and here is why.”

On the heels of the Wunderlich case, we have issues with abuses that have been uncovered by the Zwölf Stämme. My question here is: what kind of parenting methods are going on in the Wunderlich home that we might maybe need know about? (Remember, Corporal Punishment is illegal in Germany and has been for over a decade.)  Also, why is the HSLDA so very invested in Germany, and constantly sending funds back and forth to keep the courts here spinning?

Why are Americans being called upon to support these families, and why is the HSLDA lying about what is happening?

What exactly are they helping to hide, besides these families squirreling away their children and teaching them that the government is out to steal and destroy their souls?  Why are these families so afraid of the readily available Christian education?

There are so many questions here, many, which I feel will not be further answered until we hear more from the different court cases as they go forward.

I’m sorry that the families have been separated, but I can see where this is something that had to take place considering how blatantly the Wunderlichs are in their defiance of German law, and how happy they are to make themselves out as martyrs.  I hope that the children can see their parents, but I pray that we do not find out that there has been any physical or psychological abuse going on as we’ve heard from a few other homeschool groups. (As mentioned in the documentary above, and in the case with the Zwölf Stämmen)

There don’t seem to be very many answers to this issue at the moment.

Asylum For Homeschoolers, And Whether The Pilgrims Would Get Asylum Today

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Asylum For Homeschoolers, And Whether The Pilgrims Would Get Asylum Today, By Nicholas Bolzman

HA note: Nicholas Bolzman blogs at Looking for Overland, a joint blog project “authored by three friends who met at Patrick Henry College and then worked together at the Home School Legal Defense Association.” This essay was originally published on May 20, 2013 and is reprinted with his permission. Nicholas Bolzman received his JD from Michigan State University College of Law last spring and is a graduate of Patrick Henry College. Also by Nicholas on HA: “A Game of Online Telephone: Homeschooling, Asylum, and the Attorney General”.

Last [May] the Sixth Circuit Court of Appeals affirmed the Board of Immigration Appeals denial of asylum for the Romeike family. You can read the opinion here. HSLDA, who is handling the case, is promising to appeal.

I’ve blogged about this case previously, but this new opinion is worth a few additional observations.

First, for anyone tempted to blame this decision on a liberal bench or an Obama agenda, none of the judges were Obama appointees. Judge Sutton, who wrote the opinion, and Judge Rogers, who wrote the concurrence, were both appointed by George W. Bush. Judge Sutton, in particular, was initially too conservative for the Democratic controlled Senate and his appointment was blocked for two years. The third judge, Judge Gilman, is a Clinton appointee who was confirmed by the Senate on a 98-1 vote. In this case, all three judges agreed that the family did not qualify for asylum status.

And in a somewhat odd twist, based on my reading of dozens of asylum cases, the family would likely have had a greater chance of success with a more liberal bench.

The conservative strict constructionist model does not have as much flexibility for this sort of case. So this outcome cannot be attributed to any liberal animus or agenda. It was simply a matter of applying facts to law, and these three judges were not persuaded.

Second, the court is abundantly clear that it is not addressing the issue of homeschooling rights under United States law or the United States Constitution:

Had the Romeikes lived in America at the time, they would have had a lot of legal authority to work with in countering the prosecution. See Wisconsin v. Yoder, 406 U.S. 205, 213–14 (1972); Pierce v. Soc’y of Sisters, 268 U.S. 510, 534–35 (1925); Meyer v. Nebraska, 262 U.S. 390, 400–01 (1923).

But the Romeikes lived in Germany when this dispute began. When the Romeikes became fed up with Germany’s ban on homeschooling and when their prosecution for failure to follow the law led to increasingly burdensome fines, they came to this country with the hope of obtaining asylum. Congress might have written the immigration laws to grant a safe haven to people living elsewhere in the world who face government strictures that the United States Constitution prohibits. But it did not.

* * *

The question is not whether Germany’s policy violates the American Constitution, whether it violates the parameters of an international treaty or whether Germany’s law is a good idea. It is whether the Romeikes have established the prerequisites of an asylum claim—a well-founded fear of persecution on account of a protected ground.

Here, the court is undeniably legally correct.

The case is not about whether the family is entitled to homeschool here but rather whether their treatment by Germany is such that they can obtain status as refugees here. That is a high standard, as not every inconvenience, or even illegal action, creates refugees. It is also a completely different question than what types of government action our Constitution protects us from. This case cannot be used as a precedent to undermine domestic homeschooling rights. If anything, it is further proof that the courts recognize those rights. The Romeike family does not face deportation because they are homeschooling, they face deportation because the court has determined that they are not eligible for the status they sought.

Third, as hinted at above, the court got the law right. The issue was whether the Romeike family feared persecution on account of their religious beliefs or social group membership by the German government if they returned. The court did not reach the question of whether homeschooling is a “particular social group,” but instead denied asylum because it determined that the family had not shown sufficient bad motives on the part of the German government. Again, refugee status is a high standard that all applicants must prove. For asylum to be granted, the treatment must be really bad — something nonsensical, silly, or even inconvenient or illegal is not sufficient.

That’s the law as Congress wrote it, and no matter how much we may want it otherwise, the court can not and should not change it.

Because of this, the whole complaint that the Obama administration doesn’t recognize individual rights or refuses to recognize persecution that applies to an entire country misses the mark. While this complaint is valid, the problem stems not from the Obama administration, or with the reviewing judges and is certainly not unique to this case. Instead, it is a problem inherent in our asylum law as adopted by Congress in 1980. And homeschoolers are just the most recent group to discover this difficulty.

Over the last few decades, Iranian women, Chinese parents fleeing the one-child policy, and even Chinese pastors have run into the exact same problem.

The fact that a government does not single people out for persecution can be a disqualifying fact for those fleeing persecution. Unless we want judges to rewrite the laws, this is the standard. And it’s true that the Pilgrims would probably not get asylum under today’s immigration laws. But that is a problem with the laws, not the judges, the Attorney General, or the President.

Fourth and finally, this case reveals the restrictive nature of our immigration system. For many around the world, and apparently for this family, a desire to come to the United States legally is not enough to obtain legal status. Unless the applicant has a family member here or an employer willing to sponsor them, there is virtually no line to enter for admission. The Romeike family has to resort to asylum because they apparently cannot just apply for entry (they entered on an 90 day temporary visa in 2008 and have been permitted to stay pending the outcome of their case). So, to all the conservative commentators out there, yes, this family did do everything right. But the reality of our immigration system is that even doing everything right still often leads to deportation.

And that is a problem with the law, not with the administration.

A Game of Online Telephone: Homeschooling, Asylum, and the Attorney General

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A Game of Online Telephone: Homeschooling, Asylum, and the Attorney General, By Nicholas Bolzman

HA note: Nicholas Bolzman blogs at Looking for Overland, a joint blog project “authored by three friends who met at Patrick Henry College and then worked together at the Home School Legal Defense Association.” This essay was originally published on February 26, 2013 and is reprinted with his permission. Nicholas Bolzman received his JD from Michigan State University College of Law last spring and is a graduate of Patrick Henry College.

Dear homeschooling community:

Despite what you may have heard, the arguments presented by the Department Justice in the case involving German homeschoolers do not pose a direct threat to your homeschooling freedoms.

Over the last few weeks I’ve watch as, in a game of online telephone, this story has evolved from HSLDA’s Mike Farris’ musings, to the question of whether domestic homeschooling rises or falls with this case to, finally, “Holder vs. home schooling.”

Unfortunately, in the hysteria, the actual issue at stake seems to have been lost.

As a brief background on the case, in January of 2010, an Immigration Judge granted asylum to the family. The Department of Homeland Security appealed that decision to the Board of Immigration Appeals, which reversed the Immigration Judge in May of 2012. The family has now appealed to the Sixth Circuit Court of Appeals and is awaiting a decision. Once that decision is made, the losing side can request the Supreme Court for review.

Three primary issues need to be remembered as we think about this case.

First, the dispute is not really about constitutional rights.

Yes, parental rights are considered a fundamental constitutional right here in the United States, but that is largely beside the point. Since the German state is not bound by our Constitution, whether it has “violated” it or whether its actions would be permitted if conducted by a US political entity is immaterial. Germany, as a sovereign political entity, has the authority to make the laws governing German citizens.

Asylum, in a general sense, is inherently a check on sovereignty. And it must be couched in such terms. More than a mere preference, it is a statement that the oppressing state acted in an illegitimate manner toward its citizens. This transfers the debate about homeschooling from one of US Constitutional rights (which are largely irrelevant to asylum claims) to one of international human rights.

As I’ve written before, there is support for parental choice in education being a peremptory human right. That, and not domestic constitutional rights language, is where the debate lies. This case does have the potential to make a large impact on the status of parental rights in the international sphere, and for that reason I’m hopeful that the family wins. But even if the family loses, Eric Holder won’t be sending out SWAT teams to round up US homeschooling families.

Second, the litigation is not concentrated on whether the homeschooling family is wanted, is desirable, or would otherwise make a positive contribution to the nation.

It is not about whether the family should or can homeschool here. The government is not attempting to deport them because they homeschool. Instead, the question is whether Germany’s denial of the family’s right to homeschool makes them a “refugee.” If it does not, they do not have legal immigration status and, like all others without status, they would be required to leave or find some other way to obtain status.

To qualify as a refugee the family must show that they are someone “who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” INA 101(a)(42)(B); 8 USC § 1101(a)(42)(B).

This definition is easily broken into two parts, the treatment part (persecution) and the prosecutor’s motivation (“on account of…”). Even if “persecution”–which Congress never bothered to define–is shown, only certain types of persecution make one eligible for asylum. The persecuting government must be doing the persecution “on account of race, religion, nationality, membership in a particular social group, or political opinion.”

The litigation before the Sixth Circuit includes parts of both elements.

First, the government is making the case that Germany’s treatment of the family does not amount to persecution. Under the legal standard, not every form of mistreatment constitutes persecution. It must reach a certain level of seriousness–often including physical beatings or threats of death. However, it can also include economic coercion. For the German family, even the initial Immigration Judge who granted asylum did not find that they had suffered past persecution. However, he did find that they had a well-founded fear of future persecution based on Germany’s treatment of homeschoolers in general.

But persecution aside, the family also has to show that they were targeted on “on account of race, religion, nationality, membership in a particular social group, or political opinion.” Race, nationality, and political opinion are not even being argued, so the only two arguments the family is using are religion and membership in a particular social group. Religion is tricky, since while the law does interfere with their religions beliefs, it is a general law that does not single them out or in any other way target them. Social group is the other argument, but that term is so loosely defined and unclear that there is little hope to avoid litigation when asserting it.

That German homeschoolers are a particular social group is certainly a strong argument, but it is not one that asylum law has previously recognized, so it should not be surprising that DOJ would resist.

And asylum claims against general laws are often unsuccessful, the most notorious example being the BIA’s 1989 holding that those fleeing China’s one-child policy were not eligible for asylum (in 1996 the asylum definition was specifically amended to fix this). Conscientious objectors to a general draft law have also been denied. The rationale here is that states have authority to pass laws that apply to everyone, and absent something extreme, enforcing that law is not persecution on account of one of the protected grounds.

So, although one can characterize the government’s motivations in continuing the litigation as opposition to homeschooling, it is just as easy to interpret it as a strict adherence to our immigration laws. And isn’t that something conservatives want?

Third, it is dangerous to impose personal motivations on the attorneys or departments based on their positions.

If this approach were viable, then the following conclusions must also be drawn:

  • That the Bush administration, and specifically Attorney General Ashcroft, supported child soldiers in Uganda (asylum granted by Third Circuit, but DOJ litigated against, 2003).
  • That the Bush Administration somehow wanted the death of Edgar Chocoy, the Guatemalan teen who escaped a gang with a price on his head, made it to the United States, and claimed asylum. His claim was denied and he was returned to Guatemala. He was shot to death one week later.

And that is only a small sample of the asylum cases either denied or objected to by the US government over the past thirty years. DHS/DOJ routinely denies or opposes asylum claims from those who believe they are going back to situations much worse than the German family. That is their job.

Please don’t get me wrong. Germany is violating peremptory human rights in its denial of homeschooling freedoms, and the family should be granted asylum. But the mere fact that the attorneys at DOJ oppose what they see as an expansion of asylum law–as they routinely oppose situations much worse than this–is no grounds to vilify them.

If anything, the litigation calls into question whether our asylum law is too strict.

Pray For All The Children Of The Twelve Tribes — Part Two

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Pray For All The Children Of The Twelve Tribes — Part Two, By Jennifer Stahl

HA note: The following is reprinted with permission from Jennifer Stahl’s blog Yeshua, Hineni. It was originally published on September 14, 2013 with the title, “The Twelve Tribes group in Germany Part Two.”

< Part One

*****

Before beginning with this article, please see:

As far as I know, not much of this has made it out into American news as of yet.

It is the so often maligned and often-criticized private broadcaster RTL, which has significantly contributed to the liberation of… children from the …Twelve Tribes sect.
…At the beginning of the week, the television report documented “The sect ’12 tribes’: They preach peace, torturing their own children” …this was the first time the beating allegations against the controversial faith community were brought to light.
W&V: Sekten-Film deckt auf: Wie RTL dem Jugendamt Beine macht [Sect film uncovered: How RTL hurried up the Child Protective Services]

The sect was founded in the 70s by a small group in the U.S.. It is named after the twelve tribes of Israel, according to the Hebrew Bible or the “Tanakh” YHWH  (the proper name of God in the Tanakh) called the chosen people of Israel. Worldwide, there are probably 2,000 members.
Mittlebayerische: Zwölf Stämme: Noch keine Entscheidung [Twelve Tribes: Still no decision]

..A large proportion of children have been placed in foster families, the elder children in youth welfare institutions. Four infants were brought to the police together with their mothers from the sect. They are now living in mother-child facilities…
Focus: Nach völliger Isolation – Sekte Zwölf Stämme: Wie geht es den Kindern jetzt? [After full isolation – 12 Tribes Sect – How are the children now?]

The court heard about the loss of custody of ten children. … Starting next week, the proceedings for the remaining children will be heard at the district court in Nördlingen.Süddeutsche Zeitung: Gericht hört Eltern An (Court hears parent’s testimony)

 The court has removed the children from parental custody, largely due to previous findings, “the specific danger that there would be a considerable damage to the children if they would remain in care with their parents.”
The “Twelve Tribes” are represented particularly in the U.S.. Therefore, the courts are also examining the English-language parenting manual of the sect.
Der Spiegel:  “Zwölf Stämme”: Verfahren gegen Christen-Sekte beginnen

 Lehnberger stated that at the hearing also drafted the 146 page comprehensive education manual of the Twelve Tribes in English, as it plays a instrumental role in the case. A witness for ideological matters [Biblical matters], a representative of the Catholic Church was interviewed on Friday afternoon as well.
… The meetings of the District Court Ansbach are not public.
Augsburger Allgemeine: Zwölf Stämme-Aussteiger”Kriegen sie die Kinder wieder, setzen sie sich ab“ [Ex Twelve Tribes Members: If they ever get their children again, they’ll dissappear.] – This one goes on to say that the hearing for the other parents will begin on Wednesday.

 Director Gudrun Lehnberger said on Friday night that the court of Ansbach did not want to visit the  decision on custody again. The hearings lasted for late into Friday evening for the parents. On Monday morning, more details are expected to shared with the public.

In Ansbach, six former members of the sect were also heard by video feed from a secret location. Due to issues [with the Twelve Tribes], these six individuals have remained living in secrecy…
Nordbayern: Prügelvorwürfe um “Zwölf Stämme”: Verhandlungsausgang offen

 “I think the authorities would prefer to let the issue disappear in the drawer, because otherwise their own failings would have been visible,” said the ex-members to FOCUS. “They all looked the other way.”
Focus: „Alle haben weggeschaut“ Schwere Vorwürfe von ehemaligem Zwölf-Stämme-Mitglied  [“Everyone looked the other way” – Serious Accusations from former 12 Tribes Member]

 The district court Nördlingen have seventeen preceedings ahead… Despite the urgency of this family matter, normal operating procedures of the Court must go on.

The “Twelve Tribes” have criticized the provisional court’s decision on partial withdrawal of parental custody. On the homepage of the Community in Klosterzimmern and Wörnitz the police action is referred to as “children robbed by the state”. Because of the abuse allegations, prosecution is looking at proceedings against members of the sect. An initial investigation on this issue had been set a few weeks ago.
N24:  Sorgerechtsprozesse begonnen Die “Zwölf Stämme” und der “Kinderraub”

On the Internet, the faith community expresses their educational practices… There it is clearly stated: “Yes, we beat our children.” He continued: “We love our children and they are precious and wonderful to us. Because we love them, we beat their butts.”
Focus: Erziehung bei „Zwölf Stämmen“Sekte: „Weil wir sie lieben, schlagen wir unsere Kinder“ (Child-rearing by the Twelve Tribes Sect – “We hit our children because we love them”)

“All parents demand the abolition of judicial decisions,” said District Court Director Gudrun Lehnberger. In the coming week, the case will formally begin with the other children at the district court Nördlingen.
Die Welt: Sekte verteidigt Prügel als Zeichen der Liebe (The sect defended beatings as a sign of love)

[Reporter:] What determines how much a child is changed by [beatings]?
Dietmayer: It depends on how much emotional resources a child has, so how mentally stable he or she is. For many kids, this triggers one psychologically, which in turn may later lead to a variety of psychiatric disorders. And that can happen even if the child is beaten only once.
Augsberger Allgemeine: Zwölf Stämme – Kinderpsychiaterin: Schläge schaden einem Kind massiv (Twelve Tribes: Child Psychologist says “Beating damages children greatly”)

If you would like to know more about how damaging and evil this group truly is, you can hear it from former members directly, here. Please note that this is a site that is primarily in English for former members that speak English. I’m looking around for other resources. It seems that the German site for the Zwölf Stämme has now been suspended.

If I hear any more come next week, I’ll update again.  I hope that those of you who are fasting on Yom Kippur have an easy and light fast, and are sealed for another year.  For us, it is a difficult day of prayer with these recent revelations.

*****

To be continued.

Why HSLDA is Wrong about Romeike v. Holder

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Why HSLDA is Wrong about Romeike v. Holder, By Nikki

HA note: The following is reprinted with permission from Libby Anne’s blog Love Joy Feminism. It was a guest post by Nikki and originally published on Patheos on April 18, 2013.

*****

Note from Libby Anne: If you follow the conservative media or have conservative facebook friends, you may know that there is a large brouhaha going on at the moment over the threatened deportation of a German homeschooling family that was originally granted asylum in the United States in 2010. Curious about the facts of the case, which conservatives are using as evidence of the evils of the Obama administration, the persecution of homeschoolers, and the fragility of American religious freedom, I asked a law student friend to explain the case for me—and for my readers. This information is critical for anyone interested in the Romeike case.

*****

Romeike_March18_2013

A Guest Post by Nikki

Before I get into the Romeike case, let me start with a quick legal outline. Under current U.S. law, “persons who have been persecuted or fear they will be persecuted on account of race, religion, nationality, and/or membership in a particular social group or political opinion” are eligible for asylum in the U.S. Upon arriving in the U.S., asylum-seekers file a petition for asylum. The petition is first seen in the Immigration Court, where an immigration judge rules upon it. Then, either the petitioner or the government may appeal the decision made by the immigration judge to the Board of Immigration Appeals. After the Board of Immigration Appeals issues its decision, a few specific types of cases, asylum among them, may be appealed to the federal circuit overseeing the jurisdiction where the petitioner lives (in the Romeike case, it’s the 6th circuit).

Now on to the Romeike case. German parents Uwe and Hannelore Romeike decided to homeschool their children because of concerns that the German public school system taught bad values and approved of witchcraft. Faced with fines, imprisonment, and the loss of custody of their children in the only European country where homeschooling is banned outright, the family fled to the United States in 2008. On January 26, 2010, an immigration judge granted the Romeikes asylum. The immigration judge held that the Romeike’s were “members of a particular social group” and concluded that they would face persecution for their religious beliefs should they be returned to Germany.

On May 4, 2012, the Board of Immigration Appeals overruled the immigration judge and denied the Romeikes asylum. The Board of Immigration Appeals needed to answer these questions: (1) Have the Romeikes suffered persecution? (2) If they did suffer persecution, was it because of their religion? (3) Alternatively, if they did suffer persecution, was it because of their membership in a particular social group? The Board of Immigration Appeals answered no to all these questions. First, it wasn’t persecution because the anti-homeschooling law was one of general application (not meant to target a specific group, but rather something that applied evenly across the board). Next, because there were secular reasons for the compulsory attendance law, even if it had been deemed persecution it wouldn’t have been persecution suffered because of their religion. Finally, the Board of Immigration Appeals found that German homeschoolers are not a particular social group within the meaning of the act. To be a social group, there must be “social visibility” and “particularity.”

Homeschoolers are simply too “amorphous” to constitute a social group eligible for protection under the asylum law.

The Board of Immigration Appeals decision has now been appealed to the 6th Circuit. At issue again will be whether the Romeikes are being persecuted due to their religious belief or if they are being persecuted because they are a member of a particular social group.

The Religious Freedom Argument:

Note that asylum law does not depend on American constitutional rights.

Just because you have a right under the American constitution, that does not mean you will receive asylum because your home country does not recognize that right.

A prime example is the right to free speech. European countries tend to have a much narrower range of protections for speech, strongly limiting hate speech. Germany, for instance, forbids anyone from advocating for the Nazi party. Such a law would not survive a constitutional challenge in the United States. However, you cannot receive asylum in the United States if you are a Nazi sympathizer in Germany. This is because such a law would not be seen as “persecution” within the meaning of the asylum statute. Just as the Board of Immigration Appeals found that the Romeikes were not being persecuted because the compulsory attendance law was a law of general applicability to all Germans, no matter their religion or political beliefs, even so a generic “no hate speech” law under which pro-Nazi advocacy was banned would similarly not provide grounds for asylum.

How do you determine whether a government’s actions constitute persecution? You (gasp!) look at international law. For all the time and energy it spends lambasting international bodies and rights treaties, it is surprising that HSLDA is relying on international law for its arguments.

When HSLDA goes bonkers over the Department of Justice’s assertion that homeschooling is not a fundamental human right, they are really complaining that the Department of Justice doesn’t think homeschooling is protected by international law. The Department of Justice’s assertion has nothing whatsoever to do with an analysis of rights protected under American law.

But really, HSLDA and their followers have no one to blame but themselves for the supposed lack of development in international law—they have been fighting any American involvement in the development of international law for decades.

HSLDA contends that Germany’s compulsory attendance law is per se a religious liberty violation because its goal is the integration of minorities and avoidance of parallel societies. HSLDA is famously involved in all kinds of hyper-conservative political activities, and it’s amusing that the same populace known for their xenophobia and dislike of multiculturalism should now be upset with Germany for trying to encourage homogeneity within the populace. Germany’s policy is also little different than what occurred in the United States during the late 19th century, when public education was seen as a means to “Americanize” the millions of children immigrating every year.

Be that as it may, the 6th Circuit should not see the compulsory attendance law as an attack on religious liberty. Germany is not out to smother any particular religious group or even all religious groups—its goal is a shared experience. In light of the problems Germany has had with the large number of Turkish immigrants not assimilating, it’s not difficult to see that the Romeike’s have just found themselves at odds with a law of general application. After all, under our own 1st amendment jurisprudence, laws of general applicability are not seen as violations of religious liberty.

Note also the kind of precedent HSLDA’s argument would set. If homeschooling were sufficient to grant you asylum in the U.S., what other laws of general applicability in other countries could get you asylum here? Remember my Nazi advocacy example? That would be the tip of the iceberg. What about countries where private tun ownership is barred? or countries where wearing the burka in public is banned? This would mean a complete transformation in the way the Department of Justice handles asylum cases.

The Social Group Argument:

HSLDA also argues, alternatively, that German homeschoolers are a particular social group and that hence the Romeikes are being persecuted because of their inclusion in that group. This also seems to be a losing argument, because social groups must share “immutable characteristics.” “Immutable characteristics” is a term typically found in Equal Protection law and commonly refers to things like race or gender. HSLDA and its ilk has fought against expanding Equal Protection to include other characteristics such as sexual orientation, but now—since it suits them—they would like this phrase to be broadened to include “homeschooling,” because homeschooling is “fundamental to [asylum-seekers’] individual identities or consciences.”

The Department of Justice rightly contends that homeschooling is not an immutable characteristic because you can simply stop homeschooling.

HSLDA has responded in its brief that courts have never required people to simply stop being religious. Well . . . yes, but HSLDA is combining two separate grounds for asylum. You can be granted asylum because you were persecuted due to your religious beliefs OR you can be granted asylum because you were persecuted due to your membership in a particular social group, i.e. because of your immutable characteristics. Obviously, “particular social group” was meant to capture things like tribal affiliation, not actions like homeschooling. Once again, what HSLDA wants is a transformation of Department of Justice procedures regarding asylum cases.

Concluding Thoughts:

Finally, a word about the meme going around (perpetuated by HSLDA), asking why Obama wants to give 11 million undocumented immigrants “amnesty” while seeking to deport the Romeike family.

Obama-Asylum

First, Obama himself is not the one making any decisions about the Romeike family. (And remember that the family was first granted asylum when Obama was in office, not Bush.) That is an agency decision made by people who are career attorneys within Department of Justice. Administrations come and go, but these career attorneys stay. Second, under the existing law, the Romeikes should be deported.

The administration is simply enforcing the law as to the Romeikes based on what the law currently says, just as the administration has done with the record number of immigrants it has deported over the past several years, not creating new laws or changing existing ones.

HSLDA would whine and complain if Obama used his prosecutorial discretion to not enforce the law against the illegal immigrants currently being deported. But now, for the Romeikes, HSLDA is asking for an exception to the rules. Why? Because HSLDA likes these illegal immigrants. You will not see HSLDA and its hyper-conservative supporters wanting the Obama administration to show this kind of compassion to the millions of individuals who came to the United States due to the poverty and violence in their home countries. Let those people find a life somewhere else, the fundamentalists working at HSLDA would say.

Well, the Romeikes can find a life somewhere else too—almost anywhere else in Europe but Germany.

*****

Concluding thoughts from Libby Anne:

Now that you’ve read Nikki’s coverage of the legal aspects of the Romeike case, how the case fits into asylum and immigration law, and why the case has been decided against the Romeikes at the present, I want to finish with a few closing thoughts.

First, if we could fix the immigration system so that the Romeikes could simply and easily move to the U.S. legally without having to apply for asylum, this problem would go away. And which side is generally against immigration reform?

Second, because of the ease with which people can move from one country to another within the European Union, the Romeikes could have simply moved to France or Switzerland or Austria, where homeschooling is legal. Instead, HSLDA attorney Mike Donnelly encouraged the Romeikes to move to the U.S. and apply for asylum, possibly with the intent of starting a court battle and having homeschooling declared a human right. in other wise, the Romeikes are being used as a political playing piece by HSLDA, the homeschool lobby, and conservative political hacks.

petition

Third, the Romeikes are not at risk of being put on a plane to Germany and arrested on arrival. Their children are not in danger of being taken from them. The image above is deliberately communicating a falsehood. If their request for asylum is rejected, the Romeikes can go to any country which will accept them as immigrants—or any country in the EU—and will be given a time period in which to make these arrangements

Fourth, it is my position that whether or not homeschooling should be legal in Germany ought to be up to Germany. If the German people want to make homeschooling legal, great! But if they want to mandate that children must attend a formal school (public or private), I don’t have a problem with that. It’s their country, their constitution, their laws.

Fifth, I remember HSLDA talking about threats to German homeschoolers way back when I was a little girl, and I am firmly convinced that HSLDA is using the Romeike case, as it has used German cases before, to keep U.S. homeschoolers in a state of fear and keep them coming back to HSLDA to buy their legal insurance. Whether or not homeschooling is legal in Germany has absolutely no effect on whether it is legal in the U.S.

Sixth and finally, see this interesting fact checking article for more information for refuting bad arguments and information out there about the Romeike case, and also take a look at “Why German Homeschoolers Get Asylum and Torture Survivors Don’t.

Pray For All The Children Of The Twelve Tribes — Part One

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Pray For All The Children Of The Twelve Tribes — Part One, By Jennifer Stahl

HA note: The following is reprinted with permission from Jennifer Stahl’s blog Yeshua, Hineni. It was originally published on September 12, 2013 with the title, “The Twelve Tribes group in Germany.”

Today I wanted to take time and discuss a recent breaking news story coming out of Germany about a cult that is three hours to our east.  If you haven’t heard the news, well, stay tuned as I’ll help get you caught up to speed.

Today’s post is about the Twelve Tribes, or Zwölf Stämme group that is based out of Klosterzimmern in the municipality of Deiningen, and Ansbach, Bavaria. Twelve Tribes is a very difficult group to pin down, theologically speaking. They take elements of fundamentalist beliefs (mostly Independent Fundamentalist Baptist), Messianic Judaism, Hebrew Roots, Sacred Name and World Wide Church of God beliefs.  Where they diverge, is that they believe and teach that they are the only group that has truth and will be going to the afterlife.

Twelve Tribes also is extremely patriarchal, racist, antisemitic, somewhat communist (they live in communes and everyone works), and engages in child labor. In Germany, Zwölf Stämme is known more for their push for homeschooling which ended somewhat amicably with them creating their own private school that did not have to teach any sex education or evolution theory or anything else that they believe is contrary to “biblical” beliefs.  The agreement with the government included that there would be state oversight so that the community would not be fully removing itself or the children from society at large.

Contrary to the painting by the HSLDA, Germany does not retain Nazi-era laws where it pertains to homeschoolers.

I love all of you, but Hitler was not the one who made school compulsory in Germany. I’ve discussed that before, just a little bit and about our educational system when I blogged about the homeschooling Romeike family.

With the Zwölf Stämme, there have been many concerns of child labor laws being broken before. It is not uncommon with this group that every person gives and puts in work with their fields, and also with their money-making ventures.  What hadn’t been well known until recently, was how abusive and systemically so, their child rearing practices were. There were suspicions, but people cannot be investigated solely based on suspicions here.

There have been teenagers and 20-somethings that have left the cult, but they, for the most part, had been getting psychological help and then moving on with their lives, rather than assisting others in leaving the cult. They have mentioned the abuse, but the onus was on others to go in and prove it was happening other than “he and she said”.

I find this heartbreaking for all people who have been put through abuse like this.

From what I understand from an acquaintance that had gotten in with the group in Vermont, Twelve Tribes is extremely difficult to get into, and that much harder to get out of. The abuse is not just with children, but also with those who come into the group. There are enforcers, and if you question anything, you are starved of food and sleep until you comply with the group leaders. Also, the oversight committee is only very loosely associated with each Twelve Tribe community.  This means any appeals for assistance in leaving will have to be done through loving family members and possibly the local police departments.

From what I can gather, punitive parenting books are quite the rage in the Zwölf Stämme. Interviews with the reporter who came out proving the abuse, and with some of the survivors of the group have mentioned  practices that are inconsistent with child-rearing in Germany and Biblical practice.

The abuses this cult has carried out were well hidden from the German government, because these methods are illegal.

If you’re new to the blog and don’t know much about Gentle Grace Based Discipline, what I am discussing here is the systemic belief that all children are born horrible sinners (or easily influenced by the Devil) that need to be physically and emotionally abused from birth.  What parents want to result from this is first time obedience, unquestioning obedience, and no talking back. What they receive?  Abused children that are terrified to do anything that would ever cross their parents, or the leaders involved in the community. Grace is not for children in this belief system. Grace is for adults who have found some sort of agreement with the leaders of the community that they are living “Biblically” and for them alone.

What hasn’t much been discussed in the German case is the propensity for sometimes sexual predatory action in communities such as these. When you have children that are too terrified to speak out against systemic abuse methods such as whipping for doing anything the parents or community leaders do not like, they also will not speak out when they are being sexually abused, because surely that wasn’t something they were not supposed to do, as someone in authority forced themselves onto them.

I am praying that, beyond all hopes, this is not something that was happening at this Twelve Tribes compound.

The news that has come out of the community is that children as young as six months were taken away from their parents to be punitively disciplined by select members of the community. Babies that cried or were otherwise deemed “sinful” were held very tightly so that they would cry until they could cry no more.

Forty children were removed from the compound outside of Deiningen, and placed into child protective services while being interviewed by authorities who are trying to find ways to assist them, deprogram them and get them into schools and families that can help them detox from this lifestyle.

I cannot begin to tell you how much agony I have been in since the news broke. Several methods mentioned that were employed in the compound are methods I am having PTSD-reactions about from my own childhood.

What has angered me beyond all reason is how quickly Michael Farris, head of the HSLDA was to pick up this story and stand behind the Zwölf Stämme and say that there was no abuse happening. Because we know the HSLDA is all about systemic abuses and hiding those from authorities. It bothers me how little the HSLDA respects other country’s laws and rights to live according to their belief systems and instead do not focus on the abuses that are endemic in their own back yard.

For those who think that is quite the thing for such a blogger as myself to say, I too was an HSLDA child. I didn’t trust them as far as I could throw something at them as a homeschooler, and I trust them even less now that I’ve an adult and living outside of the US. They are a terrible representation for Christians and of Christianity when it comes to how they treat others. Where’s the grace there guys? Really. Where’s the love?

So, after the news breaks as to how the information came to the police and to raid the compound, Michael Farris is notified of the abuses. All he says is “I said something in that nature, but I see now that my sources were wrong.” [He said and implied there were no abuses.]

So, all we get is a “my bad.” Not an apology.

The best news source at the moment, that has discussed what happened, comes by way of The UK’s Independent Newspaper.

The film shows how children are made to get up at 5am and stand though an hour-long prayer session. They are obliged to labour with adults in the community’s farm plots and workshops…
“It’s normal to be beaten every day,” said Christian…
The film also shows… a baby boy being forcefully gripped by the back of the head in a practice referred to by sect members as “restraining.” 
In Germany’s Twelve Tribes sect, cameras catch ‘cold and systematic’ child-beating

The remainder of the news stories I will be quoting are from German news sources. I will translate them and share them here with the original sources. I would suggest using Google Translate to read them if you do not have German language knowledge. It will not be a perfect translation, but it will help you know what is going on. Just plop the link in the translate area and set the translation from German to English (or your language of choice). It will do the rest of the work for you.

There is video here from RTL, where two former members, Christian and Jael (or Yael?) explain how children are mishandled in the sect. I have to admit that I did big giant ugly cries when I listened to them and saw the video attached.

There is also video here from RTL where a former member, Klaus F., discusses his feelings and knowledge about the revelations from the Zwölf Stämme, after having lived for many years in the sect, leaving with his four children but without his wife; who chose to stay behind.

Over and over again, in both videos, a current member of the sect says they “do not call it spanking or hitting, we just call it disciplining.” And goes into detail about how they pick rods to hit the children with.

I do not see how this can be deniable when it was recorded and the members are known.

On top of this, the reporter asked the authorities, and they knew that the children were being spanked, but they didn’t know how badly or how many. (This is cleared up in the second video at about minute seven.)

What angers me is that the members of the group say that they have frequently had doctors come in and they have proof that their children were not abused.

The exclusive 45 minute long news exclusive is now available in RTL’s iTunes app. (They move it off site after 7 days.)

The Ansbach Youth Office has maintained in regular contact since the influx of children in 2010. Their visits would present concerns and worries that could not be dissuaded, but were also “not sufficient evidence for the initiation of family law measures” to be submitted. Only now the Family Court and the Youth Office of Nördlingen districts in the  Donau-Ries region received “credible, concrete and actionable information,” showing that the “physical and emotional welfare of the children could be permanently compromised.”
Der Spiegel: “Twelve Tribes”: Police take 40 children from Christian sect in Bavaria

There are 150 German members of the international community of ’12 tribes’ faith – in their own words “Bible in the tradition of early Christianity.”  …The children are taught early on that Africans, Blacks and homosexuals are cursed; and women belong to an inferior race.
RTL: Raid on sect ’12 tribes’ – RTL reporter provides evidence of child abuse

…the children would be “cleansed” by the blows and “freed from the devil.” Strikes would constantly be administered due to varied reasons. It is enough already to be struck, if a child does not pay attention in class…
…there is “ubiquitous, mutual supervision, built on intimidation, by this spying totalitarian system” which makes it impossible to live differently at all, says Kuhnigk.
Der Spiegel: Suspected abuse at Christian Sect: “They live with their children in their own world”

 “[In Germany] Every child has the ” right to a violence-free education “. And “despite many calls and offers of help” the community members would continue to be “disciplined and mentally abusing towards” their children…
… “Mental abuse and isolation has only occurred when the authorities have taken away our children,” says a father.”
Süddeutsche Zeitung: Those who wish to play are beaten

 Kuhnigk: The children do not have close ties to their parents because they can not protect them. If the parents refuse to,the elders deemed necessary to punish pressure them to give their children over to others to mete it out. The children may not develop individuality. There are no children playing in the yard, fantasy play and free play are prohibited. The children are broken.
Augsburger Allgemeine: Hidden reporter: “I almost cried.”

 …The violence done to the children is “so quiet, so systemic, and planned,” such as torture…
…Also shown is the “Restraining” of the babies with one arm, where a tightly wrapped baby with a black head of hair that can hardly move…
Augsburger Allgemeine: Children of the Twelve Tribes: nearly 100 floggings in two days

…The RTL reporter also was able to procure the special “educational book” of the sect. Here, it refers specifically to physical pain as an integral part of education. Especially for strong-willed children, beating their tails for instruction is recommended.
Augsburger Allgemeine: Spanking as an educational system: Undercover in the Twelve Tribes

“The whole procedure is such that the adult relies on a chair. The child must present themselves to adults then. Either he or she puts their pants down, or it can be pulled down. Then the adults look for a suitable rod with appropriate length and begin to beat the children…
The children are beaten until they say what adults want to hear…   Not a single child has struggled in any form. Anyone who turns away from adults while being beaten, is returned to the ‘right position’ and additionally punished, “said Kuhnigk.
Focus: Incognito reporter in the “Twelve tribes” describes perverse whipping system of the sect

 …a lecture by the cult leader Gene Spriggs in 2000 is documented, among other things. “Our children were brought up with the rod of correction, we do not argue that,” says the gray-haired, bearded man who has tied his shoulder-length hair into a ponytail, in English. “And when we are put in jail for it, then we go to jail, because we know that we are doing right and discipline our children in love.”
Süddeutsche Zeitung: He who spares his rod, hates his son

Against asylum seekers and protesters, the authorities in place practice vigorous crackdowns. But when it comes to the children, when the most vulnerable of society are in danger, the Bavarian courts exhibit boundless patience…
Süddeutsche Zeitung: Embarrassing Failure

I cannot begin to tell you how this breaks my heart.

I know that this is systemic elsewhere, especially in parts of the US. But in a country where children are usually protected?

So many checks and balances broke down in protecting these children.

In a land where spanking and other punitive forms of discipline that include striking a child are outlawed, it’s just unbelievable. To hear in other people’s words what I lived as a child, it just completely validates how I feel about punitive parenting, and how it simply cannot, and does not have a biblical basis whatsoever.

I have sat and written this entire blog post while shaking and having flashbacks of my own childhood and all I can say is that I hope and pray that these parents are given more early childhood education and that their children are not given to them in unsupervised visits until they have proven their mentality and hearts have changed for the better towards their children.

I just cannot imagine giving my children over to someone else to do anything to them. Then again, I am a very protective mother bear, and I never allowed my spirit to be completely broken by my family or their beliefs in punitive discipline.

If there is one thing I could ask tonight, I would ask that you pray for all the children of the Twelve Tribes and do what you can to support the survivors of this awful abuse.

*****

Part Two >

I Love All of You, But Hitler Was Not The One Who Made School Compulsory

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I Love All of You, But Hitler Was Not The One Who Made School Compulsory, By Jennifer Stahl

HA note: The following is reprinted with permission from Jennifer Stahl’s blog Yeshua, Hineni. It was originally published on May 16, 2013 (and updated on September 22, 2013) with the title, “The German Homeschool Case — The Romeike Family.”

I’m probably not going to earn any brownie points today from any of my readers or family after this post… and I’m sure I know why.

I have been asked repeatedly for my opinions on the Romeike family from Germany that is seeking assistance through the HSLDA (Home School Legal Defense Association) for asylum in the USA.

Many people think that because I am a former home-schooler, and especially because I live in Germany (I’ll come home before my children go to school and home-school them, right?) that I will be incensed and defend the family.

However, since the story broke, I have pointed out several inconsistencies, as well as the fact that the Romeike family could pursue legal actions for the laws to change in Germany, take it as high as the highest courts in the EU and even go to another European country that is not restrictive towards homeschoolers rather than lying about Germany on their asylum application.

Many might think I’m overreacting by saying that they lied about Germany — especially since my children’s foray into education is still very fresh and in the non-mandatory stages of compulsory education. Actually, I’ve spent many hours looking into their case (not just today!) and into the German educational system when I entered into it, as well as when I found out that I was pregnant. I’ve asked extensive questions and I’ve been researching all home-school cases friends and families send me that are out of Germany.

Here is the news that the HSLDA is disseminating about the Romeike family right now:

There are four articles I found that sum up every bit of the story very well in a nice tight bow. You can find them hereherehere and here.

You can also find a video in German from a show here that covered the Romeikes’ after they went to the US. This video is shared via the HSLDA, but is originally from a talk show in Germany, which tries to show both sides of the issue.

It bothers me terribly that the main thrust of the case all depends on issues that just throw a monkey wrench in everything. If you want to make a good point, do not invoke Godwin’s law.

I know Wikipedia is not authoritative, but honestly, it’s the best write-up I’ve seen in a very long time (in English) about the German educational system. (see here) I love all of you, but Hitler was not the one who made school compulsory in Germany. Each of the Länder (German states) decided on compulsory education and all had different laws. The goal was that all children, whether poor or rich, had an equal chance at education in a time when many children were removed from school to work at home, or in the fields.

Germany wasn’t really unified until around World War I. Even as the Federal Republic of Germany, each state has its own government, laws and practical application until around World War II.  Compulsory Education was actually put into place by Napoleon and the Prussian Empire.  Some of the best minds about children’s early Education came out of this market in Germany, Austria and Swizerland. (Friedrich FröbelJohann Heinrich Pestalozzi, Rudolf Steiner)

Yes, the Nazis used compulsory education to their own ends. I definitely do not dispute that. The least I expect is a bit of factual reporting. At this point, most of the information that has covered Germany and homeschooling has been full of holes.

School here is completely different. Government here is completely different.  I’m actually finding it very laughable that they are claiming Christian persecution. Germany is in every sense of the word a Christian nation, even if most/many of the actual citizens are not Christians, and the bulk of the Christians are “nominal” at best. (I really hate using that word.) Many are unaffiliated and therefore not even counted due to various reasons of theological difference and not wishing to pay a flat church tax out of their income. (You pay tithes and offerings, we pay church tax [Kirchensteuer])

All public holidays here that are not explicitly listed as Federal holidays, are Christian holidays. (see here) Most of the political parties have a Christian basis and base. (see here)  Many public schools and kindergartens still have religious symbols up. (Crosses, Crucifixes, Mother and Child)

As it stands, if one does not wish to use the public school closes to them, the following options are available:

I can semi understand the concern that the Romeike family may have in regards to sexual education… but at some point someone has to tell all children the facts of life, and about how babies are born, marital relations and that sort of thing. With the hours at school being as few as they are, parents have as much opportunity and much more obligation to disseminate this information than schools do.  I wish I could say all parents feel the same, but they sadly do not.

Depending on one’s school district, what is covered in sex ed will vary from school to school, state to state. Most of the kerfuffle I’ve heard from the US or even the UK in regards to sex education in our schools here, actually center around older initiatives or books that are available in the library, but hardly ever checked out. It makes me wonder what the actual point is of those articles and what is covered in the sexual education. . . if anything much.

I do not understand their apprehension and statements about witchcraft and paganism at school. Neither are at this point recognized religions that have religious coursework in either state, but that could possibly (maybe) change in the future.  For now, you have Protestant, Catholic, Jewish and Islamic studies offered. If you are non-religious, you can take a social ethics course instead.

I also do not understand their statements about indoctrination at school. The attitudes here as far as education goes is so far from indoctrination that I find it pitiable that such a statement has been made to American mass media, especially those with a religious bent.  As far as the quality of education, their home state is home to some of the most prestigious universities in Germany.  (I would love to know more, but I live in a neighboring state and am very happy with our educational opportunities.)

There has also been brought up that the family may face fines or prison time for home-schooling. This is only a half truth. If the Romeike family sends their children to school, and  home-school after school hours or on the weekends; they will not be penalized. They also could move anywhere in the EU that home-schooling is still legal while still fighting for legalization here in Germany.

Another argument the Romeike family raises is that their human rights were breached. The current court decisions deny this, and I hope to discuss this further on my blog at some point in the future.

I wish their family no ill will, I only wish to present some facts unavailable to the American public in general.

My home-school experience wasn’t the best, and I know that there are exceptional, awesome home-schoolers out there. I wish all of them the best, but I find cases like these certainly do not help ours, or for us to be better accepted or trusted by society at large. As someone pursuing higher education at the moment, I find it difficult not to speak up.

A Quick and Dirty Primer on HSLDA

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A Quick and Dirty Primer on HSLDA, By Kathryn Brightbill

Kathryn Brightbill blogs at The Life and Opinions of Kathryn Elizabeth, Person.

Did you find your way to Homeschoolers Anonymous because of the press coverage of the Wunderlich and Twelve Tribes cases in Germany? Or did the Romeike case in the United States send you hunting for more info on this HSLDA group that keeps showing up in news stories?

Then this story is for you.

It is in no way meant to be exhaustive, just to provide basic information for people who did not grow up in the homeschooling world and are unfamiliar with HSLDA’s activism.

Early Days

HSLDA was founded by Michael Farris in 1983. At that time, homeschooling as a movement was in its infancy, and because parents were concerned about the legality, the idea of a legal defense and advocacy organization dedicated to homeschooling was an attractive one.

Throughout the 1980s and 1990s, HSLDA was involved in liberalizing the homeschooling laws in states across the US, mobilizing homeschoolers to bombard their legislators with phone calls, telegrams in the early days, faxes, and emails. During this time period most of the restrictions and regulations on homeschooling were removed so that in many states there is now minimal oversight of homeschooling families to ensure that children are receiving an education.

In 1991, HSLDA went international with the formation of HSLDA Canada.

A turning point came in 1994 when HSLDA used the power of its network of homeschooling parents to fight against H.R. 6, a federal bill that said that non-public schools applying for federal funds must have teachers certified in the subject matter in which they teach. For reasons that are not entirely clear since the bill was about non-public schools that received federal money—an issue completely unrelated to homeschooling, HSLDA decided that H.R. 6 meant that the federal government would require homeschoolers to be certified teachers. Although many other homeschool leaders disagreed with HSLDA’s analysis and did not see any threat to homeschooling in the bill, nevertheless, HSLDA mobilized tens of thousands of homeschoolers to contact congress and in the process discovered just how powerful a political network they had built.

HSLDA Branches Out: Non-homeschool-related activities

When you are an organization that is run by conservative members of the religious right (Farris was an attorney with Concerned Women for America who fought against the Equal Rights Amendment, former HSLDA attorney Doug Phillips is the son of Constitution Party presidential candidate and former Nixon administration member Howard Phillips, to give a few examples), and you have built a powerful grassroots network that will do your bidding, the temptation to limit your work to homeschooling is evidently too great to resist.

Coming on the heels of the H.R. 6 fight in 1994, HSLDA touts their involvement in killing the US ratification of the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), a human rights treaty.

The only UN member states that have not ratified CEDAW are Iran, Palau, Somalia, South Sudan, Sudan, Tonga, and the United States.

In 1995, HSLDA took a case in Virginia, In re Brianna, where the parents were charged with neglect for refusing to vaccinate their child. HSLDA successfully argued that the parents should be given a religious exemption from providing childhood vaccinations to their child. HSLDA’s timeline of events does not indicate that this case had any connection to homeschooling.

In a case where the only relationship to homeschooling was that the party involved was a former homeschooler, HSLDA and Michael Farris took on the case of Michael New, a soldier who refused to wear a UN beret as part of United Nations peacekeeping actions. In a 1995 Court Report cover story, the case was described as, “Michael New v. the New World Order,” a reference to fundamentalist Christian beliefs about the End Times and the United Nations as ushering in a one world government that would lead to the rise of the antichrist.

In 1997, a constitutional amendment drafted by HSLDA, the “American Sovereignty Amendment, H.J.R. 83,” was introduced by Congresswoman Helen Chenoweth (R-ID). The amendment, which did not go anywhere, would have changed the Constitution so that treaties were no longer on the same level as the US Constitution. The text of the amendment is not available online, but it is evident from HSLDA’s own description that it would have had significant effects on the United States’ ability to meet its treaty obligations.

By 2003, HSLDA decided to organize young homeschool students into Generation Joshua to create a generation of young, politically active kids who could provide the manpower on the ground in conservative political campaigns. Generation Joshua was designed to build a second generation of kids to carry forth the culture war battles of their parents.

In 2004, despite the fact that it has not even the slimmest connection to homeschooling, HSLDA backed a constitutional amendment to ban both same-sex marriage and civil unions.

Another way that HSLDA expanded their reach beyond homeschooling was with the 2007 launch of ParentalRights.org, an advocacy organization devoted to expanding parental rights free from government interference. This includes advocating for a Parental Rights Amendment that would subject all laws relating to parental decisions on the upbringing, care, and education of their children to the highest level of judicial scrutiny, a standard that is extremely difficult to overcome, and which would remove almost all legal protections from children.

HSLDA was also instrumental in blocking United States ratification of the UN Convention on the Rights of Persons with Disabilities, despite the fact that the treaty mirrors the Americans with Disabilities Act.

On the treaty front, HSLDA has also led the fight against the ratification of the UN Convention on the Rights of the Child. Among their objections to the treaty is that it would prevent minors from being sentenced to life in prison—something that the international community agrees is unacceptable but that the US still practices. They also object to the fact that the convention uses the best interest of the child standard in determining matters involving children, even though the best interest of the child standard is the guiding standard in American family law already. Furthermore, they oppose the idea that children should have a right to be heard in decisions relating to their interests.

The only countries that have not ratified the UN Convention on the Rights of the Child are Somalia, South Sudan, and the United States. HSLDA bears much of the responsibility for America’s failure to ratify the treaty.

HSLDA and Abuse

Starting from 1992 on, HSLDA’s timeline lists their involvement in an increasing number of cases where homeschool families were accused of child abuse unrelated to homeschooling itself. Further, HSLDA’s timeline credits their work with member families in defeating Virginia Senate Bill 621, a bill that did not involve homeschooling but rather the standard of proof in child abuse investigations.

They also brag on their timeline about their role in killing a 1997 bill in New Hampshire that would have defined isolation of children as a form of abuse, because they believe it could apply to homeschoolers. This certainly suggests that HSLDA believes that some homeschool parents isolate their children to the point that a bill designed to protect children from abuse would apply, and thinks this is okay.

This is particularly relevant given the accusations against the Wunderlich family—HSLDA says that the family wasn’t abusive, but HSLDA doesn’t think that extreme isolation is abuse.

In his 1996 novel, Anonymous Tip, a story intended to dramatize the position that Child Protective Services are a threat to families, Michael Farris repeatedly has his protagonists insist that spankings that leave bruises are not necessarily evidence of abuse.

For more on HSLDA’s handling of child abuse cases, see Libby Anne’s extensive documentation on HSLDA and abuse, including their fight against child abuse reporting, the time they called a man who caged his children a “hero”, and their opposition to Florida’s proposed law that would have defined leaving bruises and welts on children as abuse.

This is not to say that HSLDA supports child abuse. As Libby Anne explains, it is entirely possible to abhor abuse while still taking actions that end up protecting abusers.

Michael Farris’ other non-homeschooling activism

An overview of HSLDA would be incomplete without noting at least some of Michael Farris’ other activism during his time with HSLDA. In addition to an unsuccessful 1994 run for Lt. Governor of Virginia, Farris was the founder of the Madison Project, a political action committee that bundles small donations in support of right wing candidates. Furthermore, his support of right wing candidates extended to backing John Ashcroft for President in 1998 and Mike Huckabee in 2008 (chastising other leaders of the right for not backing Huckabee sooner), and has mobilized Generation Joshua in support of Ken Cucinelli’s run for governor of Virginia.

As already mentioned, before founding HSLDA, Farris worked with Concerned Women For America in fighting against the Equal Rights Amendment that would have guaranteed equal constitutional rights for women. Also in the early 1980s, he worked with the Moral Majority in Washington state to try to get sex education materials removed from libraries.

Farris has also taken to fighting other broader culture war issues after the founding of HSLDA. Writing an amicus brief on behalf of Patrick Henry College in the Hollingsworth v. Perry (Prop. 8) United States Supreme Court case, he argued that if the government recognized marriage between two people of the same sex it would make it harder for Patrick Henry College to continue with their current (discriminatory) policies.

More recently, he spoke at the founding meeting of Trail Life, USA, the scouting group that was formed as an alternative to the Boy Scouts after the Boy Scouts stopped kicking gay kids out of the Scouts. The head of the Trail Life organization has gone on record stating that he believes that parents accepting their gay children is a form of child abuse. Farris, for his part, seems to agree with the head of Trail Life that gay children should be subjected to reparative therapy, a form of therapy condemned by every major psychiatric organization because it is psychologically harmful to the point of being abusive.

In Conclusion

While HSLDA may have started as a homeschooling advocacy organization, over time they have shifted and expanded their focus, fighting against international treaties, expanded child abuse legislation, and fighting for broader religious right causes. They are an organization founded and led by religious right activists who treat homeschooling as yet another front in the ongoing culture wars.

Alternative Narratives On Germany And Homeschooling: An Introduction

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By R.L. Stollar, HA Community Coordinator

So much of the “news” one hears these days about Germany and homeschooling comes from the same sources: Fox, The Blaze, World Net Daily, the Christian Post, and WORLD Magazine. Often times it seems like these sources merely copy and paste press releases from the Home School Legal Defense Association (HSLDA) rather than do their own research. I can also count on one hand how many times they did not bring up Adolf Hitler or the Nazi Party or the Gestapo, or encourage their readers to think in terms of xenophobic slurs.

When I wrote my essay about how American-based organizations like HSLDA and the Alliance for Defending Freedom (ADF) supported the Bavarian branch of the Twelve Tribes through the efforts and money of American Christians and homeschoolers, I was struck by the vast differences in coverage between American media and German media. I think, honestly, what I was most struck by was that — there has been an abundance of German media coverage on the homeschool question in Germany over the last decade. While that probably ought not be surprising, it was surprising for this reason: that coverage is almost universally absent in American coverage.

And here is why this is a problem: there are really, really important details in the German media coverage that get conveniently left out of the American media coverage.

Details that can make all the difference in the world in how one perceives individual situations.

I am hoping this week to provide the HA audience and a wider audience with some of this missing information. I also want to encourage Christians, homeschoolers, Americans, and so forth to think beyond the predominant narrative on what is going on in Germany — a narrative that is intimately and methodically constructed by HSLDA itself — and consider other narratives and points of view.

This week HA will not be presenting merely one narrative in opposition to HSLDA’s narrative. Rather, we will be sharing viewpoints from a diversity of sources. Some of us might actually believe Germany’s almost-ban on homeschooling is in fact silly, but at the same time believe homeschooling is not a human right. Or we might disapprove of excessive police force against German homeschoolers, but agree with Germany’s almost-ban on homeschooling. Or we might be 100% cool with homeschooling but think it is 100% not cool to use American immigration and asylum policy as a battleground for homeschool politics.

The point this week is not to force any one perspective down your throat. The point is to encourage you to consider more than HSLDA’s perspective — more than the perspective that is allowed to go unquestioned and parroted by Fox, The Blaze, WND, and so forth.

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Introducing Jennifer Stahl

As we begin this week on Germany and homeschooling, I am excited to introduce Jennifer Stahl to the Homeschoolers Anonymous audience. Jennifer was homeschooled from the sixth grade forward under the Home School Legal Defense Association umbrella — and she is currently residing in Germany. She has written a number of excellent posts about German homeschool controversies on her own blog.

As a former HSLDA kid currently living in Germany, Jennifer’s voice is a fascinating and important one to consider.

As a former HSLDA kid currently living in Germany,, Jennifer Stahl's voice is a fascinating and important one to consider.
As a former HSLDA kid currently living in Germany,, Jennifer Stahl’s voice is a fascinating and important one to consider.

Here is a little bit about her: Jennifer was raised in a US Military home where she lived in six different states and in two foreign countries before getting married and moving to Germany. She is the oldest of three children and her school background varied greatly, including six years of home-schooling. Jennifer’s faith took a different direction in the last decade, towards Messianic Judaism, which has been a source of contention with her family’s fundamentalist background. After moving overseas and having her first child, she began questioning the doctrine that children are inherently sinful beings who need to be beaten regularly, obey instantly with a happy heart and never question their religious and household authority. She has also been unpacking much of the harm of purity culture, spiritual abuse, and anti-feminism while navigating cross-cultural norms. In processing these issues, she came to realize how much doctrine had been passed off as “Gospel Truth” and began blogging about this late last year.

You can follow Jennifer on her blog at Yeshua, Hineni and on Twitter at @HadassahSukkot. She was recently interviewed about Christian feminism on From Two to One.

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Since the Bavarian Twelve Tribes were recently filmed committing child abuse and Dirk and Petra Wunderlich were recently reunited with their children, and HSLDA members have been flooding the Germany Embassy’s Facebook page, there are likely a lot of Germans wondering about this American organization called HSLDA and about homeschooling and the like. So to start this week, Kathryn Brightbill has written “a quick and dirty primer on HSLDA,” so that interested individuals can learn more.

The battle over homeschooling in Germany has raged for well over a decade. There have been many high profile cases, ranging from the Twelve Tribes (Zwölf Stämme) to the Paderborn Seven to Melissa Busekros to the Romeike, Wunderlich, and Dudek families. Most of these high profile cases involve some form of fundamentalist Christianity, with evolution and sex education as motivating factors for homeschooling. They also involve the hand of an American organization like HSLDA or ADF — or a German-based affiliate, like Schulunterricht zu Hause and Netzwerk Bildungsfreiheit.

Since it is unlikely this battle is going away any time soon, the least we can do is understand the situation and get our facts straight.

I hope that this week’s series will aid in that endeavor.

Corporal Punishment and The End of The Red Stick: Heather Doney’s Story, Part Two

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HA note: The following is reprinted with permission from Heather Doney’s blog Becoming Worldly. It was originally published on February 18, 2013. Read Part One of Heather’s story for HA’s To Break Down A Child series here.

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Trigger warning for To Break Down a Child series: posts in this series may include detailed descriptions of corporal punishment and physical abuse and violence towards children.

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This picture could be anybody’s little sister blindfolded and hitting a piñata at her Dad’s house for another sibling’s birthday.

My little sister lives in a different world than I did.
My little sister lives in a different world than I did.

But it isn’t. It’s my little sister.

She lives in a different world than I did. One with her own bedroom and court-ordered visitation and Christmas presents from a kind stepmother. She has never been homeschooled. She does not remember a time when our family didn’t celebrate birthdays, or was too poor to buy a piñata, or was too “modest” for her favorite summer clothes to be allowed.

She could be using any stick to hit this piñata but she isn’t. She’s using the “red stick,” the most infamous spanking implement our family had.

As far as I know, none of the younger siblings attending this party were ever touched by the red stick and I imagine just a few had been threatened, but the grim knowledge of what it was used for had been passed down.

The red stick had started out as a handle to a child-size broom and then when the broom broke 25 years ago, it became a toy (a walking stick, a bat, a pretend sword) left in the yard until my Dad picked it up off the patio one day, tapped it against his palm a few times and said, “This would make a real good spankin’ stick.”

Then it became something totally new. An object of fear.

It stayed hanging on a nail or propped in a corner in my Dad’s bedroom or office for years except when it was picked up and used to threaten or to leave welts.

“Daddy, please don’t spank me. I’m tender.” No red stick today, only fodder for years of teasing. “Aww, is my little heatherjanes still tender?”

“Do you want a spanking? Don’t make me get the red stick.”

Mom catches one sister padding her underwear with toilet paper in anticipation of a beating. After that, it’s bare bottomed.

“Pull down your pants. Bend over.” Red stick.

Sitting in the “punish chair” corner ’til sundown, hearing the car crunch gravel in the driveway, shaking, hands going cold. Red stick.

“But I don’t want to try and eat a pickled pig lip out of that jar, Dad. It looks just like apig’s lip.” “If you don’t try it, you’ll get the red stick. You’d better eat it and like it.” Tears. Gagging. Spitting chunks of pickled pork into the sink. Red stick.

Pain, shame, anger, fear. Yelling. Red stick.

Running, cursing, slipping, falling, being caught and dragged. Red stick.

Grabbing the red stick tightly, just as tall, if not quite as strong as the woman holding it. “Let go,” Mom says.

“No,” I say, “You’re gonna hit me with it.”

“Yes,” she says.

“Well,” I say, “I’d be an idiot to let it go then, wouldn’t I?”

It strikes me that this photo is the only known picture of the red stick. The only official proof of it ever existing or being used is in a pleasant scenario. As it happens, the red stick finally died that happy day, broke while connecting with the piñata and ended up in the garbage.

A sibling sent me a message informing me that the red stick had met its end and that when Dad was out of range, they had celebrated its demise. I was glad, too: glad it was gone and that it did not die the way I had always imagined it would — splintering into pieces over a child’s behind.

It would never be used to hurt anyone again.

It had broken being used the only way it should have ever been used, in the original spirit it had once had — innocently in child’s play.