Stop Using My Homeschool Success Story to Erase Others’ Educational Neglect

CC image courtesy of Flickr, CollegeDegrees360.

Editorial note: The following is reprinted with permission from Libby Anne’s blog, Love, Joy, Feminism. It was originally published on February 22, 2016.

In a commentary piece in the Chicago Tribune, David McGrath, a college professor, explains his transition from believing that homeschooling deprives children of their right to an education to believing that homeschooling is superior to other forms of education. Here’s the bit that stopped this homeschool graduate up short:

All that changed when I started teaching at the college level, on an evening when I came home from work, slipped off my shoes, collapsed into the recliner and announced to my wife that the best student in my college composition class had been home-schooled.

An 18-year-old only child, who had been educated by her parents for all 12 grades, chose a seat in the front row on the first day of class.

The following 16 weeks, she maintained eye contact throughout lectures and discussions, listened intently to me and her classmates, raised her hand to offer an observation, an answer or to ask a question when no one else would, followed instructions to the letter, communicated verbally and in writing more clearly than everyone else and received the highest grade on every assignment.

She was the first student to arrive, had perfect attendance the entire semester and was a catalyst for every lesson I ventured.

McGrath could be describing me as an undergraduate a decade ago. I, too, had perfect attendance, sat in the front, listened carefully, followed instructions perfectly, raised my hand constantly, and got the highest grades on every assignment. I was every professor’s dream student. I graduated college with a stellar GPA and went on to graduate school at a research university. But you know what? I am not at all okay with the way McGrath is using my story and that of other homeschool graduates like me.

Take a look at this bit, for example:

In the past 15 years, I’ve known of over a dozen home-schooled students in my college freshman and sophomore classes. All were competent in social interaction, and all had already developed their own methods of inquiry for independent learning.

Do you know who McGrath didn’t meet? Homeschool graduates so severely educationally neglected that college was completely out of the question.

According to the Coalition for Responsible Home Education, there are actually a number of reasons to believe that homeschooling depresses college attendance rates—potentially by a lot. The number of homeschooled students who take the SAT and ACT is surprisingly low, and the only extant random-sample study of homeschool graduates found that having been homeschooled decreased the amount of higher education respondents went on to receive. But McGrath wouldn’t have any way to know about the educational wellbeing of those other students, because, as a college instructor, he’s only seeing the ones who attend college.

Let me put it more personally. McGrath didn’t met the kids I grew up with who were not educated, and for whom college was simply not an option. McGrath isn’t meeting educationally neglected homeschooled children because they’re not going to college. In a study published in 2010, researcher Michael Cogan found that the homeschool graduates at the private university he studied had higher GPAs than their public or private school graduate peers, but you know what he left unexamined? The question of why only 1% of the students at that university were homeschool graduates when a full 3.4% of students were homeschooled in 2011. In other words, Cogan was looking at the cream of the crop, and the other students were simply missing.

I’m also wondering how McGrath knows that every homeschooled student he has encountered was a good student. I’m a college instructor too, and you know what? I don’t usually know whether my students were homeschooled, public schooled, or private schooled. That’s because I don’t generally have any reason to ask that. I’ve taught roughly 250 students over the past year and a half, and I’m sure at least some of them were homeschooled, but I wouldn’t know because I’ve never asked. I suspect that McGrath has also met homeschool graduates who were underprepared for college—and I know plenty such individuals personally—but doesn’t realize it because he assumed they weren’t homeschooled because they didn’t meet his stereotype.

I’m also put off by McGrath’s insistence that homeschooled students are automatically independent critical thinkers who love learning and drink up knowledge. Sure, that describes me and others like me, but what about the homeschool graduates I know whose homeschooling consisted of nothing more than being made to fill out worksheets at the kitchen table for years on end? I know situations where homeschooling killed students’ love for learning. McGrath talks about the benefits of receiving one-on-one instruction, but what of homeschooled children who were one of six, eight, or ten children, who clamored for attention but got lost in the mix because there were too many diapers to change and meals to fix? What of them?

Anyway, McGrath goes on as follows:

While my experiences are anecdotal, clinical studies have arrived at similar conclusions, such as the one conducted by Dr. Brian Ray of the National Home Education Research Institute. His study of 11,000 home-schooled students found they scored higher, on average, than public school students on national standardized tests by a whopping 37 percentile points.

McGrath is a college professor. He should know better than to fall for shitty statistics. The study he cites used a volunteer sample of students from highly motivated highly educated non-poor families. To match the effect of homeschooling you need to compare these students with demographically matched peers, not the public school average. The results of studies that use from a more comprehensive data set (see the data covered here) or pair students with demographically matched peers (see Martin-Chang here) look far different from those released by Ray, whose National Home Education Research Institute is for all intents and purposes an arm of the Home School Legal Defense Association.

There’s another point worth noting here. McGrath is an English professor. Why does that matter? Because homeschooling appears to decrease students’ math scores while either having no effect or a modest positive effect on their reading scores. And it’s not just me saying that, either. Allow me to quote from an exhaustive research review published by professors Milton Gaither and Robert Kunzman:

Given this persistent corroboration across two decades we might conclude, tentatively, that there may be at least a modest homeschooling effect on academic achievement—namely that it tends to improve students’ verbal and weaken their math capacities.

In other words, McGrath’s experience would likely have been very different had he been a math professor rather than an English professor. The Coalition for Responsible Home Education draws on a variety of different data sources to outline this discrepancy in their post, The Homeschool Math Gap. In fact, there is research to suggest that having been homeschooled even affects students’ choice of major, making them less likely to major in STEM fields. McGrath probably doesn’t know this, but then, has he ever thought to even ask, or to look into it? It sounds as though he did a quick google search, fell for the first statistic that confirmed his anecdotal experience, and determined that there was no need to research further.

McGrath began his essay talking about his doubts about homeschooling and his concern about there being “little oversight of home-schooled students in half of all states” including his own. He finishes his essay with this statement:

An estimated 1.8 million students are home-schooled in the United States, often for religious reasons, or for insulation from schoolyard problems such as bullying. But the best reason may be that they get a better education.

Yes, that’s right, he flat-out states that homeschooled students “get a better education.” Don’t get me wrong, I’m glad McGrath has learned that homeschooled students can receive a good education! I am just as unhappy with stereotypes that posit all homeschoolers as backward and uneducated as I am with stereotypes that posit all homeschoolers as innovative and well educated. Both stereotypes are wrong. But while McGrath may have decided that there’s nothing at all to be concerned about with regards to homeschooling, I know that this is not the case.

The lack of oversight for homeschooling in most states is a very serious problem, and leaves too many children without an education. I saw it growing up, and I see it today in networks of homeschool alumni such as Homeschoolers Anonymous. Some children thrive being homeschooled while others fall on their faces with no way to pick themselves up. I know homeschool graduates whose parents gave up teaching them algebra because it was too difficult. I know homeschool graduates who had to teach themselves to read at 16. I know homeschool graduates whose education was so spotty that they can’t pull together a high school transcript. And don’t even get me started on child labor law violations, because what I’ve seen is completely egregious. We desperately need accountability for homeschooling parents.

I am not okay with McGrath using homeschool graduates like me as an excuse to display an utter lack of regard for my less-fortunate friends. I am not okay watching my friends and their pain erased in a paean to an educational method that is only as good as the parents who facilitate it. I am not okay with being part of an argument for maintaining a status quo that deprives children of their right to an education.

Count me out.

HSLDA-Sponsored Magazine Promotes Bill Gothard’s ALERT Academy

By R.L. Stollar, HA Community Coordinator

The last time Homeschoolers Anonymous covered The Old Schoolhouse (TOS) magazine, it was because TOS owners Paul and Gena Suarez were accused of covering up allegations of sexual abuse and as well as perpetrating child abuse themselves (including waterboarding children). TOS  boasts a readership of around 200,000 and is endorsed by James Dobson. Back when the allegations of abuse arose, both the Home School Legal Defense Association (HSLDA) and the Great Homeschool Conventions (GHC) were financial sponsors of the magazine. While GHC dropped their sponsorship last year, HSLDA continues their financial support of TOS.

In the most recent edition of the HSLDA-sponsored magazine (Winter 2016), TOS features a full-spread piece promoting ALERT Academy. ALERT is a self-described “military-style Christian school” that trains young men in crisis-intervention techniques. It was created by Bill Gothard’s Institute in Basic Life Principles (IBLP). Gothard is the now-disgraced founder of IBLP. He resigned in 2014 on account of allegations that he sexually harassed and molested over 30 young women, including children, for decades. He and IBLP now face a lawsuit from 17 people seeking damages for alleged sexual assault and rape.

The TOS article is featured prominently on the magazine’s front cover with the line, “ALERT Academy: Cultivating Integrity in Your Son!” The author, John Boulden, describes the history of ALERT while making no mention of its relationship with Bill Gothard, IBLP, and the Advanced Training Institute (ATI, Gothard’s homeschool program). He simply describes it as “an outgrowth of a homeschool program.” Boulden also describes numerous homeschool conferences in Knoxville, Tennessee and Big Sandy, Texas, similarly neglecting to mention these conferences are Gothard’s IBLP conferences. Furthermore, while Boulden talks up the benefits of ALERT’s Basic Training, he does not mention that the training involves Bill Gothard’s Basic Seminar principles, especially Gothard’s “principle of authority.”

A homeschool alumnus who attended ALERT Academy, which is still an IBLP programdescribed it as “really nothing more than a glorified boy scout troop; often referred to by some as ‘Gothard’s boy scouts’.” ALERT stands for Air Land Emergency Resource Team. The academy engages in highly controversial training techniques, much like Teen Mania’s suspended Emotionally Stretching Opportunity of a Lifetime (ESOAL) program. Also like ESOAL, ALERT has faced a plethora of abuse allegations. Jeri Lofland details, among other charges, the program’s alleged “refusal to contact parents regarding medical emergencies” and practice of forcing “under-dressed teen boys to stand outdoors in sub-freezing temperatures at night” to elicit confessions. A contributor at Homeschoolers Anonymous describes abusive physical training. And a contributor at Recovering Grace describes emotional and physical abuse as well as medical neglect during his time at ALERT.

Images of TOS’s ALERT article are below:

HA has archived a PDF of the article here.

HSLDA’s Will Estrada Endorses Ted Cruz

By R.L. Stollar, HA Community Coordinator

In a public Facebook status today, HSLDA Director of Federal Relations Will Estrada declared his endorsement of Senator Ted Cruz for President.

“I am proud to endorse Ted Cruz for President,” Estrada says, “and to be named one of the national co-chairs of the ‘Homeschoolers for Cruz’ coalition.” The coalition, announced today on Cruz’s website, boasts “an astounding 6,670 members.” You can watch Cruz’s video announcement of the coalition below:

According to Cruz’s website, “The group represents homeschool communities across the country who are dissatisfied with their local school districts, the recent implementation of Common Core, or just wish to be more involved in their children’s upbringing.” The coalition is co-chaired by Estrada, Quiverfull advocate Marlin Bontrager, and former Mike Huckabee campaigner Vicki Crawford. Last year Crawford arranged to have Cruz speak at the Network of Iowa Christian Home Educators’ (NICHE) Homeschool Day at the Capitol on March 18, saying, “He’s the perfect match for us [homeschoolers].”

Estrada’s endorsement of Cruz comes at a curious time, considering the efforts HSLDA has made over the last couple years to distance itself from the Christian male supremacy movement known as “Christian Patriarchy.” Marlin Bontrager, who co-chairs the coalition with Estrada, is a long-time supporter of the now-disgraced Christian Patriarchy advocate Doug Phillips and his organization Vision Forum. Bontrager has his family in ATI, both performing as well as participating in the Children’s Institute, ALERT Academy, and other ATI institutions. Bontrager endorses Above Rubies, the Duggar family, and Michael and Debi Pearl.

Marlin Bontrager, co-chair of the “Homeschoolers for Cruz” Coalition with Will Estrada, poses with his two daughters next to Doug Phillips and his daughters at a Vision Forum event. Photo via the Bontrager Family Singers website.

Last year Ted Cruz was a featured speaker at both the National Religious Liberties Conference, organized by outspoken Christian Patriarchy advocate Kevin Swanson, as well as Bob Jones University, a heavily patriarchal school recently rocked by major sexual abuse allegations. Last November Cruz also was excited and proud to receive the endorsement of Flip Benham, who has long been a supporter of the Institute in Basic Life Principles, also a heavily patriarchal (and legalistic) organization founded by the now-disgraced Bill Gothard. Gothard faces sexual harassment accusations from 30 women, 5 of whom are suing IBLP.

According to Cruz’s website, 82 other individuals have been selected to be “leaders” in the Cruz/homeschool coalition. These individuals are:

Leslie Beck
Joshua Bontrager
Carson Bontrager
Mitchell Bongtrager
Allison Bontrager
Chelsy Bontrager
Becky Bontrager
Joseph Brown
Gary Bryan
Kim Bryan
Caleb Burke
Gary Buske
Jason Conner
Mary Cory
Thomas Cory
Jacob Cowman
Samantha Cowman
Dale Crawford
Jeanette Davis
Nate Day
Amy Deace
Steve Deace
Mark Deford
Joe Desaulniers
Sadie Desaulniers
John Desaulniers
Wes Desaulniers
Allison Desaulniers
Tina Dicks
Bethany Dorin
Mary Dorin
Tyler Dorin
Benjamin Dorin
Bryan English
Amy English
Allan Frandson
Amanda Friedl
Bethany Gates
Kristi German
Tom German
Will Ghormley
Judy Goodman
Rob Goodman
Dennis Guth
Mike Habermann
Greg Heartsill
Adam Horning
Brian Kelly
Jan Kendall
Spencer Keroff
Joel Kurtinitis
Kelsey Kurtiitis
Byron Linden
Tim Lubinus
Preston Martens
Kaylee Morris
Marie Morris
Josie Morris
Heather Nandell
George Nelson
Vance Nordaker
Michelle Ober
Rhonda Paine
Kristine Pfab
Ron Richardson
James Snow
Deanna Snow
Jeff Stillwell
Joseph Stillwell
Josiah Stillwell
Kim Stillwell
Kevin Subra
Judith Trumpy
James Unger
Adam Vandall
Tasha Vos
Erin Watkins
Daniel Watkins
Sue West
Darran Whiting
Debi Zahn
Karice Zahn

In other news, Ted Cruz’s super-PAC is being led by David Barton, a controversial historian also popular among conservative Christian homeschoolers.

Archives of above links: Estrada’s endorsement of Cruz | “Homeschoolers for Cruz” Coalition announcement | Bontrager’s “Recommended Resources”

The Uncomfortable Origin of HSLDA’s “Parental Rights”

The following is an excerpt from R.L. Stollar’s “Children as Divine Rental Property: An Exposition on HSLDA’s Philosophy of Parental Rights.” You can read the paper in full here.

HSLDA’s concept of children as divine rental property forms the basis for HSLDA’s understanding of parental rights as expressed through common law. HSLDA attempts to ground many of its arguments for religious liberty and homeschooling on a Western concept of common law, especially as expressed by English jurist William Blackstone in his work, Commentaries on the Laws of England. In The Right Choice: Home Schooling, the late Chris Klicka wrote, “One of the most influential common law sources on which the founders of our country relied was Sir William Blackstone’s Commentaries. Blackstone recognized that the most important duty of parents to their children is that of giving them an education.”[i]

Blackstone’s advocacy of parental rights, Klicka argued, became the cornerstone of an Oklahoma Supreme Court Case that Klicka considered key: “Building on this traditional liberty of parents as enunciated by Blackstone, the Oklahoma Supreme Court in School Board Dist. No. 18 v. Thompson secured the right of parents to control the education of their children.”[ii] This was key to Klicka because he and HSLDA desired to return to a previous era where “parental liberty historically was held to be virtually absolute,”[iii] and the Thompson case argued that, “In this empire [the United States], parents rule supreme during the minority of their children”[iv] [emphasis added by Klicka].

Because Klicka considered this court case to be of such significance, it is worth reviewing what aspects of the case Klicka neglected to mention. It is true that in 1909 the Oklahoma Supreme Court ruled in School Board Dist. No. 18 v. Thompson that, “In this empire parents rule supreme during the minority of their children.” However, the Thompson case also situates this parental supremacy in only one figure: the family patriarch. The case declared that, “The father was vested with supreme control over the child.” In terms of legal rights, “A mother, as such, is entitled to no power.”[v]

What the Thompson case declared — that the family patriarch has supreme power over his children (and the mother or wife has no legal power whatsoever) — is exactly what one should expect to find in traditional Western common law. Traditional Western common law is specifically grounded in the property-rights paradigm descended from classical Roman patriarchy. It goes back to the Roman legal concept of patria potestas (Latin for “power of the father”). Patria potestas meant that the male head of a household, otherwise known as the pater familias (father of the family), “not only…had control over the persons of his children, amounting even to a right to inflict capital punishment, but that he alone had any rights in private law.”[vi] The pater familias’s power went beyond his children: “The pater familias could do as he pleased with his family members: from dictating the conditions of marriage and divorce to disposing of his wife, children, and slaves through adoption, sale, or death.”[vii]

Under such a paradigm, rights are distributed according to property. Since adult Roman men (the family patriarchs) were the only ones allowed to have property, they were also the only ones allowed to have legal rights. Children, women, and slaves had no legal rights. They were all considered property under traditional Western common law — even to the point that they could be bought and sold: “In early law the paterfamilias could sell children into slavery… [The paterfamilias] had available to him the standard proprietary remedies of an owner. Thus, if a child was kidnapped, it was regard as ‘stolen’ which enabled the paterfamilias to recover it through a vindicatio and to sue for damages under the action for theft.”[viii] Similarly, “in controlling his wife, a man was simply exercising control over his own person or property.”[ix]

This is the tradition to which Klicka appealed and to which HSLDA continues to appeal.[x]

A primary reason for such appeals is that the United States Constitution does not explicitly mention the rights of parents. Thus HSLDA appeals to the tradition of common law to deduce the rights of parents from “the laws of nature” found in Western Civilization, in other words, property rights. Chris Klicka and fellow former HSLDA attorney Doug Phillips made this very argument in a 1997 article for Educational Leadership. In their section “Roots in Common Law,” Klicka and Phillips say, “The United States Constitution does not explicitly mention parental rights. Like other legal principles at the time of the nation’s founding, the right of parents to direct the education and upbringing of their children was an implicit and necessary assumption of society. That parents had a God-given duty as well as right to make all decisions with respect to the future of their unemancipated children was part of the higher law that the Declaration of Independence termed ‘the laws of nature and of nature’s God.’” They say these “laws of nature and of nature’s God” were enshrined in Western common law: “For more than a thousand years, the doctrine of parental rights had been a bedrock principle of the Western legal tradition, expressed throughout the ‘common law.’”[xi]

HSLDA founder Michael Farris explicitly ties this concept of Western common law to HSLDA’s advocacy of conservative Christianity and his organization’s understanding of what conservative Christianity teaches about parental rights. Farris says, “Our nation was founded upon the traditions of Western Civilization. This civilization was founded on the principles of the Word of God. God gives children to parents—not to the state, and not to doctors.”[xii]

To Farris and HSLDA, therefore, any threat to traditional Western common law or Western civilization could be perceived as a threat to homeschooling. One sees this fear directly in the rationale HSLDA has given for making opposition to same-sex marriage part of its homeschool advocacy. On their (now-removed) web page entitled “Why HSLDA is Fighting Against Same-Sex Marriage,” HSLDA states that, “Parental rights are a recognized constitutional right despite the fact that they are not explicitly stated in the Constitution. It is a fair question to ask: if they are implied rights rather than explicit rights, what is the source of parental rights?…Parental rights are based on ‘western civilization concepts of the family.’ When those concepts are no longer the legal definition of the family in this nation, then the foundation upon which parental rights are based is completely removed…Therefore, HSLDA will continue to fight against same-sex marriage. Same-sex marriage attacks the traditions of the family in western civilization. This is an attack on parental rights.”[xiii] HSLDA takes this “attack on parental rights” so seriously that it has supported a constitutional amendment to ban not only same-sex marriage, but also civil unions for same-sex partners by means of “the Institution of Marriage Amendment” [xiv] (web page also now removed).

The problem with grounding parental rights in common law (on the one hand) and then denying children should be treated as parental property (on the other hand) is that, as we just saw, common law is a property-based system. These “traditional rights” of parents come from a tradition wherein the male patriarch of a household rules supreme. The patriarch is the sole recipient of legal rights. This tradition continued even through 1909 in the Oklahoma Supreme Court case Thompson that Chris Klicka eagerly cited. In that case we see the vestiges of the tradition: the father alone has supremacy over everyone; the mother has no legal supremacy; the children have no rights until maturity; slaves have no rights whatsoever. Thus HSLDA is holding a logically tenuous position by trying to claim that, because of the Western common law tradition, parents should have sole legal authority over their children and yet children should not be considered those parents’ property.

This not only creates a legal Twilight Zone. It also means that granting anyone other than the father of a household any rights would (as it has) upset the entire tradition.

Click here to read the rest of “Children as Divine Rental Property: An Exposition on HSLDA’s Philosophy of Parental Rights.”

Sources

[i] Chris Klicka, The Right Choice: Home Schooling, Noble Publishing Associations, 4th printing and revised edition, 1995, p. 339.

[ii] Ibid.

[iii] Ibid, p. 338.

[iv] SCHOOL BD. DIST. NO 18 GARVIN COUNTY v. THOMPSON, 1909.

[v] Ibid.

[vi] Encyclopedia Britannica, “Patria potestas,” link, accessed on December 3, 2015.

[vii] A. Javier Treviño, The Sociology of Law: Classical and Contemporary Perspectives, Transaction Publishers, 2001, p. 21.

[viii] Paul du Plessis, Borkowski’s Textbook on Roman Law, Oxford University Press, 2010, p. 112-113.

[ix] James G. Dwyer, Religious Schools V. Children’s Rights, Cornell University Press, 1998, p. 72.

[x] See, for example, Michael Farris, “Parental Rights: Why Now is the Time to Act,” Court Report, Marcy/April 2006, link, accessed on December 3, 2015: “The legal principle used in Pierce was first announced in Meyer v. Nebraska. The Court announced that ‘those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men’ were protected under the Due Process Clause…If implicit rights are tied to history, then there is a solid basis for determining what was a recognized right at a particular point in time.”

[xi] Christopher J. Klicka and Douglas W. Phillips, “Why Parental Rights Laws Are Necessary,” Educational Leadership, November 1997, Volume 55, Number 3, link, accessed on December 3, 2015.

[xii] Michael Farris, “Who Makes the Really Tough Decisions: Parents? Or Doctors?”, HSLDA, November 29, 2011, link, accessed on December 3, 2015.

[xiii] HSLDA, “Why HSLDA is Fighting Against Same-Sex Marriage,” link, accessed on December 12, 2014. Archived as PDF here.

[xiv] Michael Farris, “Questions and Answers Regarding a Constitutional Amendment on Same-Sex Marriage,” HSLDA, April 15, 2004, link, accessed on December 12, 2014. Archived as a PDF here.

Why HSLDA Finds the Proverbial Village Threatening

The following is an excerpt from R.L. Stollar’s “Children as Divine Rental Property: An Exposition on HSLDA’s Philosophy of Parental Rights.” You can read the paper in full here.

Who do children belong to? This is a much-debated question. The Home School Legal Defense Association (HSLDA) insists that parents have the “sole authority” to “carefully craft” their children’s lives and minds, while denying those children any rights of their own. HSLDA thus finds other answers to that question threatening: such as children belonging to themselves, the government, or the community. These other answers redistribute rights away from parents and towards non-parental units. But one particular answer — Hillary Rodham Clinton’s “it takes a village” answer — has received a disproportionate amount of attention from the organization.

HSLDA employees seem inexplicably obsessed with Hillary Rodham Clinton and her advocacy for children’s rights. The late Chris Klicka said Clinton had “declared war on parents’ rights in America”[i] because of her support of the UN Convention on the Rights of the Child. HSLDA founder Michael Farris made one of the villains in his fictional book Forbid Them Not a character named “Helene Rodman,” whom he describes as “the first female president of the United States” with a “perfectly plastic smile,” a “feminist agenda,” and a desire to attack “home schooling.”[ii] Farris has freely admitted that Rodman is based on Clinton.[iii] In Forbid Them Not‘s alternate universe, “Rodman” (or Clinton) takes advantage of “a landslide election, which swept a Democratic majority into both houses of Congress” and immediately signs the UN Convention on the Rights of the Child. Naturally, all hell breaks loose and a Farris-esque hero named Cooper Stone (a lawyer who moved from Washington State to Loudon County, Virginia,[iv] just like Farris) must swoop in and save the day.

Other HSLDA employees have also obsessed with Clinton,[v] in particular her book It Takes a Village that called for “comprehensive early education programs for disadvantaged children and their families.”[vi] The “it takes a village” concept has long been a target of conservative Christians (beyond just HSLDA) — which is odd, because the concept is nothing new nor did it begin with Clinton. The “Children belong to their community” answer to the question “To whom do children belong?” dates back millennia. It is neither Clintonian nor Marxist — nor anything else modern, for that matter. Yet conservative Christians today (including HSLDA) fixate on Clinton as the arch-nemesis of their own values who threatens to bring Big Brother into families’ living rooms and bedrooms.

The most explicit articulation of this sentiment comes from Michael Farris’s 1999 presentation before the Howard Center for Family, Religion, & Society’s World Congress of Families in Geneva, Switzerland.[vii] Farris says “it takes a village” advocates (whom Farris equivocates with child welfare workers) use terrorist-like tactics: “Those who believe that ‘it takes a village to raise a child’ are willing to use coercion, threats, raw police power, and intimidation to enforce their agenda.  Parents who raise children in a manner that the village doesn’t like have learned to fear the knock on the door lest they hear the dreaded words, ‘I’m from the government and I’m here to help raise your children.’”

Farris relates international children’s rights efforts to these terrorist-like tactics. He specifically calls out a number of children’s rights as negative, such as: (1) “the right of the child to express his/or her opinion” concerning the child’s own education; (2) the right of a child to not be physically hit by parents; and (3) the right of “children, particularly adolescents, to pursue, medical or legal counseling without parental consent”. Children should not have these rights, Farris makes clear. And if children are granted them, Farris believes the consequences will be dire: “It is up to this generation of parents to act for the generations to come to ensure that we protect the family in the black and white of our Constitution lest the global village overtake our homes.”[viii]

These three children’s rights — the right to self-determine education, the right not to be physically hit by parents, and the right to self-determine one’s medical treatment — are consistently targeted by HSLDA. In fact, nearly every statement HSLDA has made in the past (and continues to make today) against the UN Convention of the Rights of the Child — or any other declaration of children’s rights — calls out these three rights negatively. It is worthwhile, therefore, to look at each respectively:

The right to self-determine education

The right to self-determine education is, of course, a direct threat to HSLDA’s specific form of homeschooling advocacy. HSLDA holds back little on this count: Klicka was forthright about the fact that, if children had rights, then they could say no to homeschooling — which Klicka would not tolerate. “If children have rights,” he said, “they could refuse to be home-schooled.”[ix] Thus to protect the ideal of homeschooling, Klicka denounced giving children rights. In fact, in a later article written on behalf of HSLDA by both him and former HSLDA attorney Doug Phillips, to “give children fundamental rights enforceable against their parents” was explicitly said to be a “threat.”[x] As Klicka and Phillips later define “fundamental rights” as rights such as “speech, press, religion,” one can deduce that HSLDA does not believe children should have rights to speech and religion enforceable against their parents. Indeed, the Washington Post has noted that two reasons HSLDA opposes the UN Convention on the Rights of the Child are “the group fears that ratifying the treaty would mean children could choose their own religion” and “a child’s ‘right to be heard’ could trigger a governmental review of any decision a parent made that a child didn’t like.”[xi]

Klicka made this explicit in The Right Choice: Home Schooling. He explained that rights such as “freedom of expression,” “freedom of religion,” “freedom of association,” and “right to privacy” “would virtually undermine parents’ rights as we know it in the United States. Parents no longer would have the basic right to control [their children],” in particular “what church they attend.” Giving “children the fundamental rights of freedom of association, freedom of expression, freedom of religion,” and so forth is thus “in direct opposition to of [sic] those parents’ rights.”[xii]

The right to not be physically hit by parents

The right to not be physically hit by parents is a direct threat to HSLDA’s advocacy of corporal punishment. The aforementioned quote by Chris Klicka continues as follows: “If children have rights, they could refuse to be home-schooled, plus it takes away parents’ rights to physically discipline their children.”[xiii] Klicka and HSLDA not only defend the right of parents to physically hit children, they actively fight to expand that right to include foster parents physically punishing foster children: “[Klicka] had a similar explanation for [HSLDA’s] opposition to increased federal child abuse laws — more laws would mean more likelihood that corporal punishment could be defined as child abuse…Administrators from Patrick Henry College were among those testifying before the Virginia Department of Social Services for a measure that would allow foster parents to physically discipline foster children.”[xiv]

It is important to highlight that HSLDA does not simply defend the right of parents (natural or foster) to physically hit children. Rather, HSLDA explicitly promotes parents doing so. Michael Farris has declared that, “I am a firm believer in—dare I say it?—spanking. When the children are little I will spank either gender for deliberate disobedience of a rule that they have been taught.” Farris describes a father who will not use corporal punishment on his daughter as a “pushover” who “loves his daughter in principle, but…hates her in practice.”[xv]

In Klicka’s book The Right Choice: Homeschooling, Gregg Harris contributes a guest chapter (“How Should We Then Teach? Walking In Light Of God’s Principles Of Education”) where he instructs parents that, “Spanking is one divinely mandated method which must not be ignored,” and that if parents do not spank, their children “could become another statistic in the war on drug abuse, AIDs, and drunk driving.” Parents who do not use corporal punishment are “disobey[ing] God by discarding a clearly biblical method of child discipline.”[xvi]

The right to self-determine one’s medical treatment

The right to self-determine one’s medical treatment is a direct threat to HSLDA’s defense of parents’ religious freedom — contextually defined as the right of parents to withhold medical treatment from their children if their religion thus dictates. Religious freedom forms the cornerstone of HSLDA’s objection to mandatory vaccinations, for example. Chris Klicka has declared that, “Immunizations should not be mandated for all children [because] many parents have strong religious convictions against vaccinating their children.”[xvii] Klicka defends medical religious exemptions because, “Religious exemption statutes simply codify the protections of an individual’s right to freely exercise their religious belief as guaranteed by the First Amendment of the U.S. Constitution and parallel portions of the state constitutions.” However, Klicka never explains how an individual’s right to religious expression implies a right to impose that expression on another individual — i.e., a child’s medical treatment.

Similarly, HSLDA’s current senior counsel Dee Black has expressed support for parents exempting their children from not only immunizations but other health care as well. HSLDA offers support to homeschooling parents who “claim a religious exemption from immunizations,” Black says, “and health and medical services.”[xviii] Farris believes this is appropriate because, even when it comes to complicated medical procedures of which parents have zero education or expertise, “God has delegated these kinds of decisions to parents, not to doctors, social workers, or courts.”[xix]

Since “the village” — the concept of community taken for granted by many cultures and societies throughout history — could potentially lead the recognition of one or more of these 3 rights, it takes on a purely nightmarish quality to Farris and HSLDA. This nightmare drives them to shrink the circle of necessary and desirable socialization to the nuclear family — as we see, for example, in a statement by HSLDA’s Will Estrada that, “It doesn’t take a village to raise a child. It takes parents.”[xx]

But note: while mass mobilization on a national or international scale via government-funded programs (such as public schools, day care, health care, etc.) to recreate the “village” atmosphere lost due to the last few centuries of industrialization is indeed a relatively novel idea, so too is the idea that a nuclear family can adequately carry all the responsibilities previously carried by the “village.”[xxi] (This is why John Holt once argued that, “The family we talk so much about preserving is a modern invention.”[xxii]) While HSLDA does not hesitate to point out the former, they never provide any justification or rationale for the latter. Whether this is due to historical ignorance or intentional omission is unclear. What is clear is that they believe, contrary to actual facts, that the 20th century, American, heterosexual two-parent nuclear family concept is the historical norm.

Click here to read the rest of “Children as Divine Rental Property: An Exposition on HSLDA’s Philosophy of Parental Rights.”

Sources

[i] Chris Klicka, The Right Choice: Home Schooling, Noble Publishing Associations, 4th printing and revised edition, 1995, p. 243.

[ii] Michael Farris, Forbid Them Not, Broadman & Holman Publishers, 2002, p. 398-400, 448.

[iii] Michael Farris, “Parental Rights: Why Now is the Time to Act,” Court Report, Marcy/April 2006, link, accessed on December 3, 2015: “In 2002, I published a novel, Forbid Them Not (Broadman & Holman), with the premise that a thinly-disguised Hillary Clinton had been elected president. The first act of her new administration was to secure the ratification of the UN Convention on the Rights of the Child (UNCRC). I do not claim the gift of prophecy, but there is a looming possibility that I may be proven right.”

[iv] Farris, Forbid Them Not, p. 27-8.

[v] Examples of HSLDA’s singling out of Hillary Clinton include: (i) Michael Farris, “Appeals court rejects coerced entry to home,” Washington Post editorial, September 7, 1999, link, accessed on December 3, 2015. Michael Farris begins generalizing about the “it takes a village” people: “We have heard from the ‘it-takes-a-village people’ that the government’s need [sic] to protect children from abuse.” (ii) HSLDA’s autobiographical series, “1983-1998: Marking the Milestones — A Review of History: Hardwon Freedoms,” describes Clinton’s “village” concept in its “International Threats” section: “So-called child advocacy groups, such as Children’s Defense Fund—part of the ‘it takes a village to raise a child’ establishment—have begun to use international bodies, like the United Nations, to gain more control over the world’s families.” See link, accessed on December 3, 2015. (iii) HSLDA, “Pray for Parental Rights,” January 5, 2005, link, accessed on December 3, 2015. HSLDA declared it is “increasingly concerned about the erosion of parental rights, especially when religious parents want to do something that offends modern secular sensibilities. There is a profound tension between the rights and responsibilities of parents, on the one hand, and the increasingly popular ‘It Takes a Village’ mentality on the other.” (iv) Michael Farris, Home School Heartbeat, “Parental Rights, Part 1 — Lessons from History,” Volume 67, Program 1, April 24, 2006, link, accessed on December 3, 2015. Farris says, “There are three direct threats to parental rights,” one of which is, “There’s a rising number of anti-parent politicians who believe, like Hillary Clinton, that ‘it takes a village’ to raise a child.” (v) Michael Farris, “New World Playpen,” American Conservative, October 1, 2009, link, accessed on December 3, 2015. Farris describes “a coalition seeking ratification of the United Nations Convention on the Rights of the Child” as “the faithful, who subscribe to the notion that ‘It Takes an (International) Village to Raise a Child.’” (vi) Will Estrada, HSLDA, “Whose children are they? UPDATE: HSLDA’s Will Estrada counters Melissa Harris-Perry on The Daily Caller,” link, accessed on December 3, 2015. Will Estrada, HSLDA’s Director of Federal Relations, criticizes MSNBC’s Melissa Harris-Perry by way of criticizing Clinton: “It doesn’t take a village to raise a child. It takes parents…This leftist ridiculous idea that children somehow belong to the state—I thought we defeated this back with socialism, back with fascism.” (vii) One of Will Estrada’s speech presentations takes direct aim at Clinton: “The U.N. Convention on the Rights of the Child—It Takes a Village to Raise Your Child.” See link, accessed on December 3, 2015. These are but a few of many possible examples, all of which indicate HSLDA is particularly bothered and/or threatened by not only the “village” concept in itself, but perhaps more importantly by Hillary Clinton’s specific articulation of it.

[vi] Katherine Paterson, “First, Families,” New York Times, February 11, 1996, link, accessed on December 12, 2014.

[vii] Michael Farris, “Remarks to The World Congress of Families II,” presented at the 1999 World Congress of Families, The Howard Center for Family, Religion & Society, link, accessed on December 3, 2015.

[viii] Ibid.

[ix] Chris Klicka, as quoted by Helen Cordes, “Battling for the heart and soul of home-schoolers,” Salon, October 2, 2000, link, accessed on December 3, 2015.

[x] Christopher J. Klicka and Douglas W. Phillips, “Why Parental Rights Laws Are Necessary,” Educational Leadership, November 1997, Volume 55, Number 3, link, accessed on December 3, 2015.

[xi] Karen Attiah, “Why won’t the U.S. ratify the U.N.’s child rights treaty?”, Washington Post, November 21, 2014, link, accessed on December 3, 2015.

[xii] Klicka, The Right Choice, 1995, p. 247, 249, 253.

[xiii] Klicka, as quoted by Helen Cordes, 2014.

[xiv] Ibid.

[xv] Michael Farris, How A Man Prepares His Daughters For Life, Bethany House Publishers, 1996, p. 30-1.

[xvi] Gregg Harris in Klicka, The Right Choice, 1995, p. 188, 190.

[xvii] Christopher Klicka, “Immunizations: A Parent’s Choice,” HSLDA, September 13, 2007, link, accessed on December 3, 2015.

[xviii] Dee Black, “Homeschool Affidavits: Health and Medical Services/Immunization Requirements,” HSLDA, January 6, 2014, link, accessed on December 3, 2015.

[xix] Michael Farris, “Who Makes the Really Tough Decisions: Parents? Or Doctors?”, HSLDA, November 29, 2011, link, accessed on December 3, 2015.

[xx] Will Estrada as quoted by The Daily Caller, “Homeschool advocate obliterates MSNBC host over ‘collective’ view of children,” April 14, 2013, link, accessed on December 12, 2014.

[xxi] In fact, there is growing evidence that this will only further strain the health of nuclear families. For example, see Emelie A. Olson, “Socioeconomic and Psycho-Cultural Contexts of Child Abuse and Neglect in Turkey,” Child Abuse and Neglect: Cross-Cultural Perspectives, edited by Jill E. Korbin, published by University of California Press, 1981, p. 96: “[There is] another result of the increased [modernization in Turkey]: children are valued more for ‘primary group ties, affection, and love’ and less for security in old age and utilitarian values. Ironically, as children become relatively more important as sources of love, support, and companionship to parents cut off from their family and neighborhood networks, it is possible that the parents’ unmet emotional needs may lead to increasingly high expectations and unrealistic demands on their small children and thus to more classic child abuse.”

[xxii] John Holt, Escape from Childhood, published by Holt Associates, 1996.

Social Workers Don’t Have It Out for Homeschoolers (According to HSLDA’s Own Numbers)

HA note: The following is reprinted with permission from Libby Anne’s blog Love Joy Feminism. It was originally published on Patheos on September 14, 2015.

A New Jersey homeschool family is suing after a social worker visited their home and asked questions about their curriculum, their children’s medical history, and the safety of the firearms stored in their house. Buried deep in an article about the case are these paragraphs:

The case highlights the tension between state social welfare agencies and homeschool families as the number of children being educated at home continues to grow. More than 2 million children are now involved in homeschooling, said Michael Farris Jr., spokesman for the Home School Legal Defense Association.

“When we get calls, it will more than likely be about a social case worker who says, ‘I got a call from someone else who says you’re not educating your kids,’ or ‘We’ve heard that you’re spanking your kids,’” Mr. Farris said.

“Homeschoolers are a unique case, especially because there will be someone, a family friend or even a family member, who disagrees with their choice to homeschool, so they’ll call in an anonymous tip,” he said. “That’s what we’re seeing probably the most.”

These paragraphs—and especially Farris Jr.’s quote—make it sound as though it is extremely common—nay, essentially universal—for homeschooling families to be reported to social services. But is this really true?

I do have some personal experience in this area. I was homeschooled from kindergarten through high school and we never had social services called on us. In fact, to my knowledge, social services was never called on any of the homeschooling families I knew growing up, at least during the years I was there. And yet, Farris Jr. wants to make it sound like friends or family members who disagree with families’ choices to homeschool are making near-constant calls to social services.

Of course, my experience is purely anecdotal. Perhaps HSLDA’s statistics are more complete—after all, they have 80,000 member families and urge these families to call them any time a social worker shows up on the door. With that many member families and the frequency with which homeschooling families are reported to CPS just because they homeschool, their phones must be ringing off the hook!

Well, no, they’re not. Only last month, Slate revealed this:

Farris said his group gets 300 calls a year from dues-paying members worrying about “social workers at the door.”

As Slate points out:

This number . . . represents just 0.35 percent of the HSLDA’s membership, assuming each call came from a different family.

And then there’s also a 2013 HSLDA article that contained this paragraph:

The evidence suggests that abuse in homeschooling families is rarer than in the general population. In 2011 (the last year for which data are available), 6.3% of all children in the U.S. were involved in abuse investigations. The same year, HSLDA assisted approximately 1.2% of our member families in child protective services (CPS) investigations. The vast majority of these investigations were based on frivolous accusations (such as the children being seen outside during school hours or concern about a possibly messy home) and closed as unfounded. While this statistic is not comprehensive, it can be seen as an indicator of a generally low rate of abuse among homeschoolers.

I’m not sure how to bridge the gap between 1.20% and 0.35%—that’s a pretty big discrepancy—but either way, that’s a very low percentage of homeschoolers overall. In fact, these numbers reveal that homeschoolers are less likely than other families to have social services called on them. While the article stats that 6.3% of children overall are involved in abuse investigations each year, the number I found was closer to 4% for both abuse and neglect. Whichever number you use, homeschool families are less likely than other families to be reported to CPS.

The article quoted above suggests that homeschool families are reported to social services less often than other families because they are less likely to abuse their children. While this is certainly possible, it should be noted that abusive parents who homeschool are more able to isolate their children from adults who might see and report than are parents who send their children to school. Without more research, it’s hard to know all of the factors that may be at play here.

But I have to say, there is some serious irony in the fact that those at HSLDA believe they can argue both that homeschooling families are constantly reported to social services by upset friends or relatives and that homeschooling families have a low rate of child abuse based on of how infrequently people call social services on homeschooling families. 

Of course, if HSLDA was honest about how infrequently their member families are frivolously reported to social services—i.e. almost never—they would probably have a harder time maintaining members.

Statement by HARO’s Executive Director on ProPublica/Slate’s “Homeschooling Regulation” Article

August 27, 2015 Statement by R.L. Stollar, Executive Director of Homeschool Alumni Reaching Out:

I am extraordinarily grateful to Jessica Huseman for the opportunity to be interviewed for her impressively researched ProPublica article, “Small Group Goes to Great Lengths to Block Homeschooling Regulation” (also republished by Slate as “The Frightening Power of the Home-Schooling Lobby”). As someone who was homeschooled from kindergarten through high school graduation and has spent the last two and a half years working to bring abuse and neglect within homeschooling to light, I appreciate Jessica, ProPublica, and Slate’s willingness to highlight these important matters.

I do, however, grieve the statements made by HSLDA and its founder, Michael Farris, in the article. Jessica writes, “When I spoke to Farris, he dismissed both organizations [HARO and the Coalition for Responsible Home Education, (CRHE)] outright, calling them ‘a group of bitter young people’ who are ‘fighting against homeschooling … to work out their own issues with their parents.'” It saddens me that Farris has not only resorted to personal insults, but insults he knows well are entirely false, simply to dismiss and ignore the growing numbers of voices from the movement he helped build. Several board members of HARO had personal relationships with Farris due to the homeschool speech and debate league he created through HSLDA. My father was even president of the league while Farris was on the league’s board.

My experience with homeschooling was positive and my relationship with my parents is better than it’s ever been. My parents (as well as many other homeschooling parents) support the work HARO does. And it is because of my positive homeschooling experience that I do the work I do — because I hope that every single future homeschooled child will have a positive experience like I did. Farris should be ashamed to knowingly spread falsehoods, and HSLDA and its other attorneys should demand more honesty from him.

Furthermore, HARO has attempted on several occasions to reach out to HSLDA only have doors slammed in our faces. It is HSLDA, not HARO, that refuses to help move the homeschooling movement forward in more healing, productive ways. It is HSLDA attorneys, not HARO board members, who engage in mockery. Thus when Farris says that HARO “will ‘say the opposite, no matter what we say,'” he is willfully misleading. He knows full well that HARO has offered to set aside our differences and partner with HSLDA; it is HSLDA that opposes HARO, no matter what we say.

A final important point of clarification regarding Jessica’s article: HARO advocates neither for nor against increased legislative oversight of homeschooling. On several occasions, Jessica’s article makes it sound as if part of HARO’s work involves promoting more homeschool regulations. This is untrue. That is the work of the Coalition for Responsible Home Education (CRHE), not the work of HARO. While both organizations were created by homeschool alumni, CRHE and HARO are distinct and separate. They share only one board member in common (me). CRHE advocates greater legislative oversight; HARO advocates for the wellbeing of homeschool students and improves homeschooling communities through awareness, peer support, and resource development.

HARO’s advocacy involves three strategies:

  1. Launching awareness and education campaigns within homeschooling communities on recognizing and addressing child abuse, mental illness, self-injury, and LGBT* students’ needs
  2. Building peer-support networks between homeschool students and homeschool graduates
  3. By developing resources for therapy, life coaching, education assistance, and financial support.

True to our organization’s vision of “Renewing and transforming homeschooling from within,” we promote changes from within homeschooling rather than changes from without (such as regulation). You can read more about HARO’s vision and mission here. HARO’s FAQs page also makes this clear: “HARO does not advocate for or against public policy. HARO advocates for awareness and education, peer support, and resource development from within homeschooling.”

Farris and Co. Declare War on SCOTUS; Members Erupt Over HSLDA’s Statement on Same-Sex Marriage

By Nicholas Ducote, HA Community Coordinator

Editors note 1: Story updated to include more information on HSLDA’s advocacy.

Editors note 2: Edited to include Michael Farris’ additional commentary on the Supreme Court published through Patrick Henry College.

Ed note 3: Added Farris’ question about tribal annexation.  


Today, the Homeschool Legal Defense Association made a press release regarding the Supreme Court’s decision legalizing same-sex marriage nationwide. As they have consistently asserted, they believe homeschooling will be negatively impacted by the court’s ruling. HSLDA has even advocated their anti-LGBTQ agenda in Russia, at the Kremlin, after many conservative organizations pulled out of a “family” conference. In 2006 , the group lobbied for a constitutional amendment to ban same-sex marriage. HSLDA’s website claimed that “[s]ame-sex marriage attacks the traditions of the family in western civilization,” and is an “attack on parental rights.” You might also remember when Michael Farris threatened to sue QueerPHC, a blog run by queer students of Patrick Henry College, using his personal Facebook account.

Despite this record of public advocacy, HSLDA’s Director of Federal Relations Will Estrada told ThinkProgress in August 2014 that HSLDA no longer lobbies on the issue of same sex marriage and he did not know why HSLDA had done so in the past. Mike Donnelly spoke at the Kremlin Conference in September 2014 – a month after Estrada denied HSLDA’s advocacy on the issue. Michael Farris set the doubt aside this afternoon when he adapted a Facebook post from his personal page and released it through HSLDA’s official PR channels.

Text of statement [image]:

Supreme Court marriage ruling

Dear HSLDA Members and Friends,

This morning, the Supreme Court declared that same-sex marriage is a constitutional right. This decision has the potential to affect the rights of parents, families, and others. 

We believe the right to homeschool is for everybody.

Families can teach their children what they believe is right about marriage, according to their conscience. And we will defend their right to do so.

The legal and social pressure from this decision is going to be extraordinary, most likely starting in the areas of business and public education. 

What might this look like? Public schools may be forced to be philosophically compliant with this decision. Children will be taught that there is only one way to view marriage and the family. We believe that families are going to seek educational alternatives that allow them to teach their children according to their conscience.

Consequently, homeschooling will grow. And as it grows, those who wish to impose philosophical restraints on homeschooling will increase their efforts to force us to comply.

Ramifications of this decision will include pressure on businesses and private associations, including homeschooling support groups, to conform.

HSLDA will fight to keep homeschooling free from philosophical controls, and maintain the rights of families to teach their children according to their conscience.
Mike Farris

Many HSLDA members responded in an admirable fashion. Many of the top comments on HSLDA’s Facebook post with this statement are criticizing them and pointing out the logical fallacies.

In response to the decision, many conservative politicians are attacking the institution of the Supreme Court. Michael Farris led the pack this morning on his personal Facebook [image]:

My response to today’s ruling in a nutshell… We must stop letting the Supreme Court exercise legislative power.

..We must fight judicial politics with grassroots politics. The only solution is the Convention of States. Four states have voted to call a Convention that can address this issue.

If we want to preserve American self-government, we have to push harder to overcome the naysayers and leftists who want to stop us…

All other alternatives are spitting in the wind. We have lost big time. The only solution is a big time reversal of judicial power.

Farris expounded on his Facebook post and HSLDA press release on Friday afternoon with an additional press release through Patrick Henry College that evening. [full text] The morning of the the ruling on ACA, Farris called John Roberts Judas through a “30 pieces of silver” illusion. Farris continues to hammer on the illegitimacy of the court’s decision and adds the Affordable Care Act (ACA) ruling to his argument:

The Court—not the Constitution—has legalized same sex marriage. No one can legitimately contend to the contrary. This occurs one day after the Court rewrote the Obamacare legislation to save it from a pragmatic death.

In the marriage case, the Court rewrote the Constitution. In the health care case, the Court rewrote a federal statute…

 

Our solution today requires this same general approach [that FDR used when he threatened to pack the bench]. We have to figure out a way to beat the judicial politicians with superior political tactics.

The core reason that the Supreme Court has this much power is revealed by the Court itself. In multiple opinions, usually in dissents, the members of the Court have acknowledged that there is no realistic check on the power of the Court other than its own internal sense of self-restraint.

If we want to preserve American self-government, we must impose additional restrictions on the power of the Supreme Court. Checks and balances need to be real, not merely theoretical.

Of course, Farris’ policy answer will determine your corresponding level of outrage. Everything he proposes would fundamentally change the nature of the Supreme Court because he disagrees about their decisions on abortion, same-sex marriage, and ACA. His Convention of the States project is his best chance to codify his interpretation of Christianity into the Constitution.

There are many ideas in circulation on how to do this. Term limits could be imposed on the justices. We could add “deliberate failure to follow the original meaning of the Constitution” as grounds for impeachment.

We could give the power of impeachment to state legislatures.

My favorite is to follow FDR’s court-packing idea but with vigor.Every state should be allowed to appoint a member of the Supreme Court. They could serve for a brief term, perhaps eight years. Removing Supreme Court appointments and confirmations from Washington, DC, is the only realistic way to ensure true judicial independence. Otherwise, you get the power cabal that we have in place which was clearly in play in this week’s Obamacare decision.

Continuing his theme of separation from US Federal Government power, Farris posed an open-ended question about having a tribe annex a state – presumably for him and others to escape certain federal laws.

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Presidential candidates Mike Huckabee and Bobby Jindal echoed Farris’ institutional distrust of the Supreme Court as they position themselves to court the religious right. Apparently, they think the religious right desires Theocracy.

New presidential candidate Bobby Jindal, linked to Michael Farris and his ideology directly through his chief of staff, strategist, and confidante Farris’ protegee Timmy Teepall, will make “religious liberty a cornerstone” of his campaign. Jindal balked at the court’s decision on marriage and claimed “[t]he next step on this is the left and (Democratic front-runner) Hillary Clinton are going to be waging an all-out assault on our religious liberty rights.” In the same vein as Farris, Jindal advocated abolishing the entire court:

Marriage between a man and a woman was established by God, and no earthly court can alter that… If we want to save some money lets [sic] just get rid of the court.

Huckabee and Gothard at a presidential luncheon Mike Huckabee, linked closely with the Duggars, Bill Gothard, and theocratic dominionism, took the most aggressive tone today:

I will not acquiesce to an imperial court any more than our Founders acquiesced to an imperial British monarch. We must resist and reject judicial tyranny, not retreat. 

Why is homeschooling linked with the same-sex marriage decision? I suggest reading about Michael Farris’ central role in crafting the Religious Freedom Restoration Act and HSLDA’s strenuous advocacy for Virginia’s religious exemption rule. The fear of homeschooling parents is a weapon wielded by Michael Farris, HSLDA, and now an increasing roster of politicians who are threatening the United States’ democratic institutions because the Supreme Court has ruled their religious views cannot overrule marriage equality.

Homeschooling, and homeschoolers, deserve better than to be co-opted into resistance against the Supreme Court. And I’m glad many of HSLDA’s members have spoken out boldly today. Pulling their membership from HSLDA and defunding their efforts is the best way to send a message to HSLDA that homeschooling should not be about attacking our democratic institutions to further “religious liberty.”

HSLDA Opposes Anti-Bullying Bill

CC image courtesy of Flickr, Working Word.

HA note: The following is reprinted with permission from Libby Anne’s blog Love Joy Feminism. It was originally published on Patheos on May 12, 2015.

HSLDA Opposes Anti-Bullying Bill is actually the title of HSLDA’s own article on a bill currently before the Iowa legislature. At least they’re being honest about it, I suppose? We’ve talked before about the ways the Home School Legal Defense Association’s lobbying veers out into topics that have nothing to do with homeschooling, but honestly, this case is out there even for them. Let’s have a look, shall we?

HSLDA opposes the anti-bullying bill now pending in the Iowa Legislature, SF 345, because of the breathtakingly broad authority it gives school officials off school grounds.

If the bill were only about running the public schools, HSLDA would probably stay on the sidelines. However, the bill is not just about running the public schools. It gives power to public schools to call law enforcement agencies, social workers, etc., if they believe any person has bullied a public school student.

So let’s get this straight. The “breathtakingly broad authority” the bill gives school officials is the “power . . . to call law enforcement agencies, social workers, etc., if they believe any person has bullied a public school student.” The bill doesn’t add anything to the criminal code. The bill is about school discipline. Yes, it states that school officials may call law enforcement or social services about incidents that occur off of school property, but that’s literally it. That doesn’t sound either “breathtaking” or “broad.”

Legal Changes

Section 5 of the bill would create a new subsection of Iowa Code section 282.28. It would be labeled as subsection 9.

Paragraph (a), the first paragraph of subsection 9, only allows schools to punish public school students. Paragraph (a) is not uniquely problematic for homeschool families.

But the second paragraph of subsection 9, paragraph (b), operates completely independently of subsection (a). Paragraph (b) contains no limits whatsoever as to whom the school can punish for bullying. It could be a homeschool student, a private school student, or any adult.

Actually, as we’ll see in a moment, this is wrong. Subsection 9, paragraph (b) is in fact dependent on subsection 9, paragraph (a). They go together, and there are limits. But there’s something else weird going on here.

The punishment in that case would be the school “referring” the matter to law enforcement, social workers, and other vaguely defined agencies. If you don’t think being investigated, intimidated, accused, or pressured by law enforcement or social workers is “punishment,” you have probably never been through it.

So wait a minute. Our legal process is designed to determine who has transgressed the law and what punishment is necessary for those who are convicted. But here, HSLDA attorney Scott Woodruff is saying that the legal process itself is punishment. Look, I get that law enforcement can be corrupt or inept, and I get that disadvantaged populations may even find themselves exploited by the police, but the argument Woodruff is making is simply untenable.

But wait. Why would these individuals be reported to law enforcement to begin with?

Facing Allegations

And while paragraph (a) only gives the school power to mete out punishment if the bullying is “founded,” paragraph (b) allows the school to initiate punishment if the bullying is merely alleged. So based on nothing more than an allegation, someone with no connection with a public school could find a policeman, social worker, and others knocking at his door to investigate him.

SF 345 gives the public schools the power to punish every citizen in their district by causing them to be investigated. This is inappropriate and unwise. Therefore HSLDA opposes the bill.

HSLDA has veered into serious conspiracy territory here.

Let’s look at the bill text itself for a moment.

9. Authority off school grounds. 

a. A school official may investigate and impose school discipline in a founded case of harassment or bullying that occurs outside of school, off of school property, or away from a school function or school-sponsored activity if all of the following apply:

(1) An incident of harassment or bullying is reported pursuant to the school’s policy adopted under subsection 3, paragraph “e”.

(2) The alleged incident of harassment or bullying has an effect on a student on school grounds that creates an objectively hostile school environment that meets one or more of the conditions set out under subsection 2, paragraph “b”.

b. A school official’s investigation and response to an alleged incident of bullying or harassment that occurs outside of school, off of school property, or away from a school function or school-sponsored activity may include referring the matter to appropriate community-based agencies including but not limited to social services agencies, law enforcement agencies, and nonprofit organizations.

Paragraph (b) cannot operate independently of paragraph (a) because it is about the investigation process outlined in paragraph (a). Without paragraph (a), paragraph (b) cannot function. In other words, what this section says is that if an incident of harassment or bullying off of school property results in a hostile school environment for a student, the school has the authority to investigate the off-campus incident and impose school discipline accordingly—and that their investigation and response may involve contacting social services or law enforcement. That is quite literally it.

HSLDA points out that paragraph (a) specifies that school discipline can be imposed in “founded” cases of harassment or bullying, but that paragraph (b) does not use the word “founded.” But paragraph (b) is crystal clear that reporting such cases may be part of schools’ “investigation and response” to incidences of bullying and harassment that take place off of school property and create an objectively hostile school environment. This isn’t insidious, it’s smart policy. Sometimes law enforcement will be best equipped to investigate these situations.

I cannot for the life of me understand how HSLDA takes this benign provision and comes away with the conclusion that the bill “gives the public schools the power to punish every citizen in their district by causing them to be investigated.” Look, in order to create “an objectively hostile school environment,” an incident of harassment or bullying that occurs off of school property will likely involve another student. In other words, this isn’t about homeschooled students. It’s about kids bullied by fellow students off of school property.

But let’s imagine, for a moment, that a homeschooled child manages to bully and harass a public school student to the point that that student’s “school environment” becomes “objectively hostile. Wouldn’t it be a good idea for this situation to be reported to law enforcement or social services, if the circumstances warranted it? Is this seriously what HSLDA is opposing here? Are they honestly arguing that homeschooled students have a right to not be reported to law enforcement for harassment and bullying that trumps public schooled students’ right to not be harassed and bullied? For real?!

Let’s look at how the existing law defines “hostile school environment”:

b. “Harassment” and “bullying” shall be construed to mean any electronic, written, verbal, or physical act or conduct toward a student which is based on any actual or perceived trait or characteristic of the student and which creates an objectively hostile school environment that meets one or more of the following conditions:

(1) Places the student in reasonable fear of harm to the student’s person or property.

(2) Has a substantially detrimental effect on the student’s physical or mental health.

(3) Has the effect of substantially interfering with a student’s academic performance.

(4) Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.

This is the section referred to in section 9, paragraph (a). It should be fairly clear at this point why the school making a report to law enforcement or social services might well be warranted if incidences of harassment or bullying off of school property were creating a hostile school environment for a child, as defined above. I mean good gracious, “an objectively hostile school environment” can mean an environment which “places the student in reasonable fear of harm to the student’s person or property.”

I have to say, I am really bothered by the idea that reporting an incident of bullying or harassment to law enforcement or social services is some sort of terrible unwarranted punishment. I have friends who got death threats this week, over the internet. They reported these threats to the relevant law enforcement—and they were right to do so. It’s as though HSLDA thinks it’s reporting someone for bullying or harassment that is the real bullying or harassment.

Let’s look at HSLDA’s last line again:

SF 345 gives the public schools the power to punish every citizen in their district by causing them to be investigated. This is inappropriate and unwise. Therefore HSLDA opposes the bill.

You know, HSLDA is against mandatory universal reporting of child abuse for the same reason—they see being reported for child abuse or neglect as such a horrific experience that they would prefer depressed rates of reporting to save innocent families from being investigated even if it means some cases of actual child abuse and neglect go unreported. This is not how our legal system is supposed to work! The entire point of our legal system is to determine who is innocent and who is guilty!

Do you know what’s worse than innocent people being investigated and then cleared of all allegations? Abusers and harassers going unreported because reporting abuse is seen as worse than abuse.

My daughter is in public school. I would like to know that if a student from school is harassing her off of school grounds, the school would step in and do something about it—including calling law enforcement or social services if necessary. How HSLDA can take such an important bill and turn it into a threat to homeschoolers is utterly beyond me. What it comes down to is this: HSLDA is upset that schools may report cases of bullying or harassment that occur off of school property to law enforcement or social services. This is utterly reprehensible.

HEAV’s Rick Boyer Defends Josh Duggar and Bill Gothard, Claims “Abuse is the New Racism”

By R.L. Stollar, HA Community Coordinator

“Jim Bob just radiates Christ.”

~ Doug Phillips at the 2009 Men’s Leadership Summit

Rick Boyer, board member of Home Educators Association of Virginia (HEAV) and recent partner with HSLDA for HEAV’s March 2015 Leadership Conference, has publicly defended Josh Duggar, the oldest son of Jim Bob and Michelle Duggar who was accused of (and has somewhat admitted to) child sexual abuse and incest. Boyer also defended Bill Gothard, the creator of the homeschool program ATI that the Duggars use and someone also accused by over 30 women of sexual abuse and harassment.

Boyer made the comments on a Facebook page. The following is the text from Boyer’s 3 statements:

Sometimes things are not what they appear at a distance. With all respect to everybody who has an opinion, I will unequivocally say that the Duggars are one of the happiest, holiest, humblest families I have ever met. Yes, I’ve met them. I’ve been in their home. I’ve been in their church. I am proud to call them my friends. Why don’t the critics ask the Duggar kids what they think of their oldest brother? Because they’d say he’s a sinner-which you and I are too, by the way-and he’s repented and he’s proven that he’s changed and they love and respect him. As for Bill Gothard, I am personally acquainted with him and I have a friend very close to that ministry. He was thoroughly investigated and what he was ACTUALLY found to be guilty of was touching some girls’ hands, hair and feet. He was honest enough to admit that these things were inappropriate and resign. But good grief, how does that compare with what most people are guilty of? All this piling on by people who are not in a position to really know, is just exactly what our enemies, human and spiritual, were hoping for. So many Christians are suckers.

“Abuse” is the new “racism.” As soon as you’re accused of it, you’re considered guilty. Just what would you like the Duggars to have done? Turn all their kids over to a godless psychologist? Maybe one supplied by the local public school system where “abuse” is so unheard of? Should they have skinned Josh alive, rolled him in salt and hung him on a meathook? They guy sinned, repented, changed, and lived an exemplary life for TWELVE YEARS before a tabloid spent thousands of dollars sending a team to Arkansas to go door to door trying to dig up dirt on this exemplary family. How much would it cost them to find dirt on YOU? Would they have to dig that hard? Do you hear Josh’s sisters railing against him? Not, it’s not the victims howling for scalps, it’s pagans and gullible Christians, eagerly grabbing the bait and shooting their own wounded. Ok, go ahead and follow the crowd. I am taking a stand here and now, and you may quote me anywhere you care to. The Duggars are an exemplary family and I wish I were half the man that Jim Bob Duggar is. I hope I have made myself clear. Let the chips fall where God guides them.

OH, I almost forgot: I love Bill Gothard and his ministry has been the most helpful influence in the development of my family. His teaching, and the teaching of others who learned from him has transformed my life and that of my wife as well, who is the most admired woman I know. We owe much of the blessing we’ve seen on our family of 16 to IBLP (although we are not members of ATI.) I highly recommend Bill’s basic and advanced conferences and I believe every Christian would benefit by attending. Is Bill a sinner? Yes. Did he ever claim to be anything else? No. The Apostle Paul was a sinner too but he was surely one of the most godly men in the New Testament age. I firmly believe that Bill Gothard is one of the most godly men in this age. Perfect? No. Just about a hundred times closer to God than I am (And I make and effort). Have you ever spent THIRTY days in prayer and fasting just to draw closer to God? Have you ever risked your life to witness to Chicago street gangs? Have you ever spent most of your time away from home, when you hate to travel, for the sake of ministering to others? Think carefully before you cast the first stone. There. I hope I haven’t pulled too many punches.

Images of Boyer’s comments can be viewed in full below:

Not only is Boyer a major fan of Bill Gothard and Josh Duggar, he also is a strict adherent to Christian patriarchy and the Quiverfull movement, as he detailed in his 2011 book Take Back the Land: Inspiring a New Generation to Lead America. Despite this, HSLDA recently partnered with Boyer and HEAV during HEAV’s Leadership Conference in March 2015. The conference’s theme was “Essentials of a Strong Organization,” with HSLDA ironically teaching “how to design policies that protect children from abuse in your support group” while Boyer — who apparently thinks nonconsensually “touching some girls’ hands, hair and feet” isn’t that bad and is “abuse,” not abuse — taught about “training leaders, not survivors.”

This is not the first time HSLDA has promoted Boyer. HSLDA also promoted Boyer’s “Take Back the Land” conference to their members as well as included (and continue to include) his book advocating patriarchy, The Hands-on Dadin their website’s recommended resources.

Apparently Rick Boyer can easily cross Michael Farris and HSLDA’s “line in the sand.”

Boyer is not the only member of the Religious Right who has defended Josh Duggar. Republican Presidential hopeful and Michael Farris favorite Mike Huckabee also defended the alleged child molestor. Huckabee’s defense provoked a heartfelt response from Christian anti-abuse advocate Mary DeMuth. “God’s reputation is not marred when we dare to dignify the victim,” argues DeMuth, nor is God’s reputation marred when we “get them the help they need, send the perpetrator to get help (and/or punish him/her for a crime), and say, ‘Yes, this happened and it was wrong.'”

Farris and HSLDA’s Facebook pages have been silent since the news of Josh Duggar’s alleged criminal actions, with only Farris posting, and merely about a bike ride at that.