Home Schooled Girl Ordered to Attend Public School Over "Rigid Faith"
ADF Attorney Asks NH Court to Stay Decision Ordering Christian Girl into Government Run School
The child's parents, divorced in 1999, were in the process of renegotiating the terms of her custody. During this process, Marital Master Michael Garner agreed that the Christian girl is "well liked, social and interactive with her peers, academically promising, and intellectually at or superior to grade level." Garner's recommendation continued that "it is clear that home schooling...has more than kept up with the academic requirements of the...public school system." He reasoned that the child's "vigorous defense of her religious beliefs to (her) counselor suggests strongly that she has not had the opportunity to seriously consider any other point of view." Continuing his assessment, Garner proposed that she be ordered into a government-run school, considering "the impact of (her religious) beliefs on her interaction with others." On July 14, Judge Lucinda V. Sadler approved the recommendation and issued her order.
An Alliance Defense Fund allied attorney has now filed motions with the New Hampshire court asking it to reconsider and stay its decision to send the home schooled girl into public school. According to ADF attorney John Anthony Simmons, the court acknowledged that the girl in question is doing well, but he believes the court overstepped its bounds when they determined the girl's Christian belief was a "bit too sincerely held and must be sifted, tested by, and mixed among other worldviews."
Mike Donnelly, staff attorney at the Home School Legal Defense Association, agreed this is "not the place for the courts to be inserting themselves."
Simmons and the ADF contend that all parents have a "fundamental right to make educational choices for their children." Simmons asked, "Can anyone imagine a court ordering a child out of a government school and into homeschooling because the child is a 'rigid' secularist? Of course not." He noted. "The court has intruded on the child's most fundamental liberties and should reconsider this unconstitutional encroachment." Home Education is an enduring American tradition and right according to the New Hampshire Supreme Court. ADF Senior Legal Counsel Mike Johnson stated, "There is clearly and without question no legitimate legal basis for the court's decision, and we trust it will reconsider its conclusions."
Attorney Simmons filed his motions and supporting brief in the case In the matter of Kurowski and Kurowski (Voydatch) with the Family Division of the Judicial Court for Belknap County in Laconia.
Sources:
The Alliance Defense Fund, (26 Aug, 2009). NH court orders. home-schooled child into government-run school. (online). 1 Sep. 2009. www.adfmedia.org/News/PRDetail/2950
Kwon, Lillian. (31 Aug. 2009). Judge Considers 'Rigid Faith' Grounds to Order Girl into Public School. (online), 1 Sep. 2009. www.dakotavoice.com/2009/08/judge-considers-rigid-faith-grounds-to-order-girl-into-public-school/
Published by Rebecca Caroll
Rebecca is a person passionate about life! She is a ardent supporter of adoption and an advocate for children with Special Needs. Outspoken on all things political, she always enjoys robust debate. Her fai... View profile
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16 Comments
Post a CommentYou don't hear of the Government moving Muslim kids to public schools to get a different world view!
very good, another attempt of big gov enforcing someone's views on normal citizens.
I am afraid that very soon, homeschooling will be outlawed unless the parents march in lock-step with the government school agenda. I am not a fan of religious fundamentalism, but I support the right of parents to teach their kids in whatever way they choose provided it does no harm to the child. Funny how the uber-liberals in government use the courts toi shove their unwanted policies down everyone's throat. And in all fairness, the Right and Conservatives have used judicial activism to get their way, but not anywhere near the alarming frequency of the 'progressives'.
Great article. This is clearly over-stepping. They have no business dictating how religion should be expressed in the home. I don't allow my son to hang out with kids that smoke pot...so, does he have to go to the back lot of a gas station to get another point of view?
Great reporting of a rather disturbing circumstance. :-}
Agreed with Becky's comment! Nice report Rebecca.
Great article. The courts have no business butting in here. I hope this case gets settled quickly and this girl can continue to be homeschooled by her mom.
This is ridiculous. "Rigid faith" is simply the subjective view of the guardian. Undoubtedly, our liberal courts will take that over religion any day. I pray for the Christian parent in this case, because the other is using the child as a pawn, echoing Michael Newdow. Great report, Rebecca.
Wow, unbelieveable.
Keep us posted on the outcome.