Just over a week ago, a California court handed down a decision against homeschoolers and homeschooling. Information on this case available at the Homeschool Legal Defense Association’s site:

On February 28, 2008, the Court of Appeal for the Second Appellate District in Los Angeles handed down a very bad decision regarding a case involving a homeschool family.

HSLDA was not involved with this case, and the family are not members.

The opinion holds that homeschooling is not a legal option in California. HSLDA strongly disputes this interpretation of California law. We believe that the court made a mistake when it relied on a decision from 1953 in order to show that homeschooling is not a legal option.

If the opinion is followed then California will have the most regressive law in the nation and homeschooling will be effectively banned because the only legal way to homeschool will be for the parent to hold a teaching certificate. Parents should not have to attend a four year college education program just to teach their own children.

California is now on the path to being the only state to deny the vast majority of homeschooling parents their fundamental right to teach their own children at home.

In response, HSLDA believes that the best course of action is to petition the California Supreme Court to depublish the opinion. If the opinion is depublished then this ruling can not be used against every homeschooling family in California.

This case has far-reaching implications that can affect not only homeschoolers but all families, and it MUST NOT STAND. At the root of the decision is a view supportive of a nanny state, where in the eyes of the these judges, parents and children are effectively equals (or more like siblings) and the state – and by extension the public schools – must take on the primary role in the formation of our children. What the 3 judge appellate court suggests is that unless a parent is certified by the state, they are not in a position to appropriately lead their child’s education. It is a chink in the armor of government for the people and with another very important election this year for this country, people need to be aware that it is through moves like this that democracy dies and socialism takes hold.

We must take up this fight, shine a light on this unconstitutional decision and see that it is defeated! Also, we must pray for the people of California and all Americans that our rights be protected from the state as much as they should be by the state. This case may seem small and insignificant to some outside of homeschool circles, but much like the Terri Schiavo case, this kind of ruling from an activist bench can set the Constitution backwards for years to come, and recovery from that is usually far more difficult, slow and expensive that stopping it early.

So what can you do? The primary thing is to make people aware of it and the implications. Blog about it. Post here and on other sites. Talk about the case and the implications in your church and with your friends. Also, consider how this kind of judicial action (and potential similar legislative and executive actions) should affect your vote.

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