Homeschooling Hostility Began in Germany

A recent ruling by the California Court of Appeal carries a very real threat toward any parent who chooses to homeschool their children. Though the case began over child welfare concerns with a specific family, the ruling established that any parent wishing to homeschool their child must possess a valid state teaching certificate. Parents educating their children without the appropriate degree and credentials could be breaking the law and risk prosecution. Absent from the ruling were any statistics on the academic effectiveness of homeschooling under current law.

Homeschooling Outlawed in Germany

As the laws of foreign countries are being increasingly cited by U.S. judges, it is no small coincidence that in September of 2006 the European Court of Human Rights outlawed homeschooling in Germany. German parents who have continued to homeschool their children have been threatened with fines, state seizure of their children, and imprisonment, and in some cases the threats have escalated into successful prosecutions. There is little legal recourse left for those parents who are prosecuted.

As reported by WorldNetDaily.com, Dagmar and Tillman Neubronner, residents of the City-State of Bremen, Germany, were fined $6,300 for their decision to homeschool their two sons. The government displayed their seriousness by sending two German marshals to their home to see if there were any possessions they could seize and sell to pay the fine.

Germany now appears to be a snapshot of the future of parental rights in California. Even U.S. Supreme Court Justices have cited the laws of other countries in their decisions. Groups that oppose homeschooling have gained leverage both at home and abroad.

Homeschooling Will Not Die Easily

There are still significant obstacles that need to be overcome before homeschooling is outlawed or severely restricted by the state. The U.S. Supreme Court has long affirmed parental rights and gone on record stating that a child is not a mere creature of the state. Furthermore, in the Supreme Court decision in Wisconsin vs. Yoder (1972), the court declared, "The primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition."

Future Uncertain for Parents Who Homeschool Their Children

It is now difficult to predict the future of homeschooling in California, which has long been legal in this state and the rest of the United States. German parents have lost this right and, for the moment, so have California parents. This case will undoubtedly spill over into the rest of the United States as both sides will continue to appeal an unfavorable outcome. And as California goes, so goes the nation.