Homeschoolers win important victory
- Aug 21, 2008 - 4
It seems that miracles still do occur. I have heard of courts reversing their decisions before, but it has always been new judges reversing their predecessors’ decisions. In California, we have now witnessed the same judges reversing their own decision from just this past February.
On February 28, 2008, (I blogged on this, Parental Rights and Governmental Requirements on March 20th.) the California Second District Court of Appeals ruled that parents in that state who did not possess a “teaching certificate” could no longer teach their children at home.
This column originally posted at Casting Stones, a blog hosted by Beliefnet.
On August 8th, the same three judges who ruled against homeschoolers (currently 166,000 children in the state of California) reversed themselves, rescinded their previous ruling and declared they were acquiescing to the California Legislature’s right to rule that “home schools are permissible in California when conducted as private schools.”
The original February decision had provoked a tremendous outcry of protest from across the country, as well as within California (including Governor Arnold Schwarzenegger). The California State Schools Superintendent Jack O’Connell also had objected to the decision and supported the homeschoolers’ rights to educate their children at home.
This was never an educational issue. Studies have repeatedly shown that homeschooled children do at least as well on standardized tests and in college as do children educated in public schools.
As important as this decision was educationally, it was perhaps even more important in terms of judicial philosophy. Sometime between February 28 and August 8 the three California judges discovered judicial restraint. In reversing their previous decision, the judges concluded:
“It is important to recognize that it is not for us to consider, as a matter of policy, whether homeschooling should be permitted in California. That job is for the Legislature. It is not the duty of the courts to make law; we endeavor to interpret it.”
Wow! Whatever they have been putting in those judges’ coffee, I recommend a regular dose for every judge in America.
This column originally posted at Casting Stones, a blog hosted by Beliefnet.
The Ethics & Religious Liberty Commission supports the nomination and approval of judges who are strict constructionists, as well as advocating for court rulings that honor the Constitution’s original intent. If you would like to help us continue our efforts, please click here.
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4 comments (post your own) feed
1 On Aug 27th, 2008, at 9:46pm, rabbit chasing wrote:
Thank’s be to God for all good gifts. I’m hoping the same sex marriage in California will be overturned as well. Soundly overturned.
2 On Aug 29th, 2008, at 5:36pm, Kimberly wrote:
Praise the Lord!! What a blessing. Goes to show that the battle is worth fighting, and the Lord is on our side. I am a Louisiana, homeschooling, mother of four. My husband and our children prayed for this miracle. What an uplifting moment it was when we heard the decision had been reversed. Thanks be to God indeed!!!
3 On Aug 30th, 2008, at 2:39pm, Kristal Williams wrote:
something in their coffee? ha that was the power of prayer!
4 On Oct 10th, 2008, at 11:33pm, Bea Edwards wrote:
God holdeth the heart of the king in His hand and turneth it withersoever He will. Rejoice and praise the great God of the universe when you see Him bare his arm on your behalf! Remember, God inhabits the praises of His people.