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.

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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.

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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.

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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.

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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.

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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.