In a stunning decision, the California Court of Appeals ruled that parents without teaching certification do not have a constitutional right to homeschool their children (see San Francisco Chronicle article) . Over 166 thousand children are homeschooled in the state of California. The Second District Court of Appeal ruled that California law requires parents to send their children to full-time public or private schools or have them taught by credentialed tutors at home.In the written decision the judge said, "A primary purpose of the educational system is to train school children in good citizenship, patriotism and loyalty to the state and the nation as a means of protecting the public welfare." This educational philosophy is quite ancient (for example, this is a main thesis in Plato's Republic), but it is also one of the greatest historic enemies to human liberty. While the government arguably has a right to ensure the education of it's citizen's children, it does not have a right to enforce a particular ideology upon children without parental consent. In a free society, enforcing loyalty to the state smacks of fascism, and forcing a particular curriculum upon families strips them of their most fundamental liberty.
Al Mohler, president of Southern Theological Seminary and homeschool parent, responded by saying, "This is a controversy that demands the attention of all parents. After all, if parents have no constitutional right to educate their own children, what other aspects of the parent's choices for their own children lack protection?" Can a mom spank her child? Can a dad teach his son that homosexuality is a sin? Can parents require their children to attend church services with them? In all three examples, parental rights have been legally called into question.
I am an advocate of the public school, and I am honored to serve on my local school's elected Board of Education. As supportive as I am of public school education, I am more supportive of parental rights. A parent has the right to ensure the education for their child that they deem most appropriate. For many, this will be private or religious schools. For Christian families, I would strongly recommend the Christian school as an alternative to public education. For others, homeschooling would be the most appropriate option. The core issue is who has the ultimate responsibility for the training and equipping of the child: the parent or the state? When the State usurps the parent, democracy dies.
In my opinion, this decision of the California Court of Appeals is the single greatest threat to democracy and the family we have seen this decade.
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