Child Welfare Case Against Longs Dismissed

A positive development for homeschoolers in California- on Thursday, the family court case against Phillip and Mary Long was dismissed and the court terminated its jurisdiction over the youngest two Long children. Attorneys representing homeschooling organizations now plan to petition the Second Appellate Court to dismiss as moot the case currently under its consideration regarding the broader legality of homeschooling without a state teacher's credential.

Hopefully, this means that the whole thing will now just go away and California's homeschoolers can get back to focusing on what's really important- the education of their children!

Interview with Debbie Schwarzer of HSC About Long Case

Mary Nix from Home Education Magazine has an interview with Debbie Schwarzer of the Homeschool Association of California's legal team here.

Appellate Court Accepts Brief from Homeschool Groups

The Homeschool Association of California in conjunction with the California Homeschool Network and the Christian Home Educators of California has been granted permission by the Second Appellate Court to file an amicus brief in the re-hearing of the Long case.

Additionally, two other briefs have been filed in support of homeschooling, one by Gov. Schwarzenegger and Attorney General Jerry Brown and another by a group representing 19 members of the U.S. Congress.

Update from HSC on CA Homeschooling Issues

The Homeschool Association of California's president, Leslie Buchanan, has updated HSC members on the status of the Long case appeal and the pro-homeschooling Assembly Resolution ACR 115. Some highlights:

" We can't talk a lot about our strategy, but all of the big statewide groups and HSLDA are busy working on amicus briefs [for the re-hearing of the Long case]. These are due by mid-May. After we file ours, we get to read all of the ones that others have filed, and we will have an opportunity to file reply briefs that argue against points in those other briefs.

The court had said that the hearing would be put on the June calendar, so we're expecting that. We don't know if the hearing will be open to the public, but if it is, those who are interested in the legal process and who can get to LA might find it
interesting. Courts can take several months to reach a decision and write a new opinion after the hearing, so it will probably be fall before we hear more.

ACR 115, Joel Anderson's resolution in support of homeschooling, is still alive. It has been assigned to the Assembly Education Committee. Right now, the committee is busy dealing with all of the bills that have a fiscal impact, as there is a firm deadline for either sending those to the full floor or killing them. The author's office thinks that a hearing on ACR 115 will be scheduled some time in the weeks after that April 18 deadline. We have asked if the author would like for homeschoolers to attend the committee hearing, and have not yet heard back. But if the author does want people to attend, we will be asking those who can come to Sacramento to do so (with their reasonably well-scrubbed and well-behaved children, of course)."

Glad to know that HSC and the other homeschooling groups are continuing to work on behalf of California's homeschoolers- their efforts are much appreciated!

The Credentialing Mystique

It's a teensy bit unfair for an adult to pick apart a high school student's logic. However, Charles Kong of Montgomery Blair High School in Maryland seems to have declared himself an expert on homeschooling so I really don't feel too badly about it :-p

Kong wrote in favor of requiring home educators to hold state teacher's credentials:

"Automobile mechanics will repair cars, accountants will manage finances and surgeons will operate on the human body. Just as there is not a true jack-of-all-trades who can innately do everything, there is not a parent who innately knows everything his child should learn about math, science and the humanities. If a barber must be certified to cut hair and a doctor needs an M.D. to treat patients, then it is only fair that an adult also be credentialed to educate children."

While people who are paid to do these jobs often are required to hold state licensing, the government does not typically prohibit unlicensed people from doing them in their own home for their own family. I am perfectly free to fix my own car, do my own taxes, or cut my children's hair if I desire. I can also feed my children without being a Registered Dietitian, make home repairs without being a licensed plumber/carpenter/electrician/etc., make a will without going to law school & passing the bar exam, and so on, and so forth.

If states want to regulate professional educators who earn a living teaching students other than their own children, I don't really have a problem with that. Though I do have major concerns about the usefulness of traditional teacher preparation programs and certification and feel that the process should be completely revamped. But requirements for paid professionals should not be enforced upon those who choose to do those jobs themselves for their own families.

Next Let's Ask the Slaughterhouse Owner What He Thinks of Vegetarianism

The San Francisco Chronicle has a short article on the Second Appellate Court's decision to re-hear the Long case. What caught my eye and made my jaw drop was this excerpt (emphasis added):

"But the three-judge panel in the homeschooling case hinted at a re-evaluation of its entire Feb. 28 ruling by inviting written arguments from state and local education officials and teachers' unions."

The local school districts and the teachers' union have major financial conflicts of interest when it comes to evaluating homeschooling. Every child who is educated at home rather than in the local government-run school represents thousands of dollars in state and Federal funding not received. Approximately 2/3 of education spending goes to pay teachers' salaries and benefits. The local districts and teachers' union therefore have a vested interest in making homeschooling as difficult as possible in order to discourage families from leaving the government-run schools (or never enrolling their children in them to begin with).

The Second Appellate Court should instead be inviting arguments from legal scholars as well as academic ones who focus on homeschooling such as Dr. Brian Ray of the National Home Education Research Institute.

2nd Appellate Court Agrees to Re-hear Long Case

The Pacific Justice Institute has announced that the Second Appellate Court has "vacated" its decision in the Long case. According to PJI, this means that the previous decision:

"will not go into effect as it is currently written. The Second District Court of Appeal has instead decided to re-hear the case, with a new round of briefings due in late April. It would likely take the court several additional months to schedule oral argument and issue another decision."

Hopefully with PJI's assistance the outcome of this second decision will be a more favorable one for homeschoolers in California.

Keep your fingers crossed and your prayers storming Heaven!

Beware the Wrath of the Homeschoolers!

Judges Croskey, Klein, and Kitching of the Second Appellate Court- you have been warned (emphasis in the original):

"Of all the people to take on, you had to choose homeschoolers. Around 200,000 children are currently homeschooled in California. That means there are many many homeschooling parents angry with you right now, Judge Croskey, and you are making the wrong people mad. These parents have powers you couldn't even fathom. Most average humans can't teach their kids to operate a zipper, and these people are preparing their kids for college. The average parent falls to pieces at the end of a long weekend with the kids, yet these homeschooling super-beings have the intestinal fortitude to spend all day, every day with their (often numerous) children. And they're organized. They have, like, associations, and leagues, and whatnot. Think they won't start a letter-writing campaign? That's their idea of recreation. You messed with the wrong people.

And don't get me started on those homeschooled kids. You think the parents are trouble? The kids, they're self-motivated. And they will get you. They will make the biggest marshmallow catapult you could imagine, and launch it right at your office. They will construct a Rube Goldberg device that can boil noodles, overturn your court decision, and give you an unflattering haircut before you even know what hit you. They will compose devastating Spenserian sonnets about your nonsensical ruling. Then they will construct a new court made entirely of popsicle sticks!"

Love it!

(HT: Tammy Takahashi)

Ignorance, and Bigotry, and Stereotyping- Oh, My!

I never gave much (if any) thought to either Cal State-Fullerton or Cal Poly-Pomona prior to reading a couple of idiotic op-ed pieces by persons affiliated with those institutions. Now they've got me wondering just what exactly it is that our family's tax dollars are subsidizing. Objectivity? Looking beyond tired stereotypes? Doing a little bit of research? If the two op-eds are any indication, those things appear to be sorely lacking at the lower-tier state colleges.

The first op-ed called "Ignorant Education" from the Cal State-Fullerton student newspaper was bad enough. Right from the get-go, it serves up a mountain of stale stereotypes about homeschoolers:

"Homeschooling advocates, headed mainly by Christian zealots, are calling for Gov. Schwarzenegger's protection of their fundamental right to teach their children to be bigots and idiots."

Incidentally, the commenters over at "Principled Discovery" are having a field day mocking this lead- definitely head on over there for a laugh!

The op-ed goes on and on in this manner:

"In general, those who homeschool their children are Christians with a narrow view of the world. They shun crazy theories like evolution and seek to protect their kids from the evils of the world - especially gays....let's face it: Not many moms who are homeschooling for religious reasons have a serious education."

For the record, there are plenty of homeschoolers who are:

• not Christian
• Christian but not ultraconservative Fundamentalists
• believers in evolution (theistic or atheistic)
• not holders of traditional Biblical views on sexual morality
• more highly educated than some kid who has completed a year or two at Cal State-Fullerton (according to the Natl. Ctr. for Education Statistics survey nearly half of all homeschooling parents hold a bachelor's degree or higher)
  

Given that this is a student-written op-ed piece, I simply left a comment and was prepared to ignore it...Until I read today's L.A. Times and saw a slightly more sophisticated-sounding op-ed with the same basic message written by a couple of professors emeriti at Cal Poly-Pomona:

"It's evident that the vast majority who teach their offspring in front of the television do so because they don't want their children to be subjected to such dangerous doctrines as evolution, abortion, global warming, equal rights and other ideas abhorrent to the evangelical mantra."

I'm not quite sure exactly what Professors Coombs and Shaffer are referring to by "equal rights" abhorrent to Evangelicals. Since the traditional meaning of racial equality doesn't make sense, I'm guessing it's an Orwellian code phrase for being in favor of homosexual "marriage".

Based upon what evidence do the authors assert that "the vast majority" of homeschoolers are teaching their children at home in order to avoid these particular "hot button" issues? According to the NCES survey, only 30% of homeschoolers said that their primary motivation was "to provide religious or moral instruction". That statement itself is pretty broad and families of a wide variety of beliefs may still agree with it. Conservative Evangelicals don't have a monopoly on "morality" in this country (regardless of what some individuals may believe).

Whereas the author(s) of Titan editorial seemed to believe that homeschoolers were uneducated, Professors Coombs & Shaffer believe it's an elitist phenomenon:

“There has always been something decidedly elitist and anti-democratic in home schooling. It smacks of a belief that privileged children should not have to associate with the other kids in the neighborhood and that by staying home, they would not be subjected to the leavening effect of democracy.”

I'm going to save the question of democracy for a follow-up post because that's a long discussion in and of itself. So that leaves the second charge: is homeschooling the domain of the economic elite? Research suggest that it is not. According to the NCES survey, 78% of homeschooled students in 2003 lived in families with an annual household income below $75,000. This is compared to 75% of students attending government-run schools and only 50% for students attending traditional private schools.

Which is more elitist- spending a few hundred dollars on homeschooling curricula or tens of thousands on private school tuition? The government-run schools are not exactly bastions of class integration either. The elementary school my DD is zoned to attend has only 5% of its students come from low-income families. The school I attended growing up has a mere 0.1% of its students classified as low-income. My family is not any more economically privileged than our neighbors who send their kids to the government-run school and probably less so than the ones who send their kids to private schools (since we can't afford the pricey tuition).

It's time for homeschooling critics to look beyond their own stereotypes and prejudices and actually do a bit of research. Otherwise they just look like they're talking completely out of their you-know-where...

Homeschoolers Asked to Write Letters to the Editor

Debbie Schwarzer of the Homeschool Association of California's legal team is requesting homeschoolers write letters to the editor of their local papers telling them that no additional regulation of homeschooling is warranted:

"As many of you know, the newspapers are starting to publish, probably in response to Jack O'Connell's press release and the Governor's comments, editorials saying that homeschooling might be OK but more oversight is required. Yesterday, editorials in two of California's largest newspapers, the Los Angeles Times and the San Jose Mercury News, have called for increased oversight of the state's homeschoolers:

A Right to Home School?

State Must Set Standards for Home Schooling

Both editorials praise homeschooling in many ways, yet unaccountably conclude that more regulation of homeschooling is needed. That is where we beg to differ. Homeschooling is working now and does not need to be fixed, overseen, or regulated.

All of the groups have talked, and we all agree that what we need now is really a big PR push. The public needs to hear from homeschoolers and friends of homeschoolers. They need to know we're not fringe nut cases, that we're responsible, that WE have the best interests of our kids firmly at heart, even if some families that make it to the papers (and that's why they're in the juvenile court system and we're not) might be different.

We encourage as many of you as can to write letters to the editor of your local papers (look at their websites for rules on submitting letters, which can often be sent over the internet at their website) telling them that no such additional regulation is warranted.

It is best to be short and sweet. Be passionate but respectful, and don't denigrate anyone. State, for instance, who you are (e.g., "Our family homeschools in Anytown, California" or "My daughter teaches her three children at home") and then begin your points.

Short letters get printed. Long ones don't. So leave out most personal information (other than identifying your relationship to homeschooling). Don't bash teachers. They are not our enemies. And MOST IMPORTANT, don't say a word about regulation or legislation being acceptable. It isn't, and all of the groups are firmly committed to fighting it tooth and nail. If it comes, we'll deal with it, but as one of my colleagues who has fought legislative battles for 20 years says, "It's 10 to 20 times easier to stop a bad bill than to pass a good one."

This battle will be won by the contributions of hundreds. We all appreciate everything that you guys do. Please forward this to your local lists, too, or to friends anywhere.

Debbie Schwarzer
Co-chair Legal Team and Legislative Chair Homeschool Association of California"

Fire up those word processors!

CA Supt. Jack O'Connell: No Change in Dept. of Ed. Policy

According to the California Homeschool Network blog, CA State Superintendent of Public Instruction Jack O'Connell has released a statement regarding the Long case. It appears to provide reassurance that the Dept. of Ed. believes that parents still have a legal right to homeschool in California:

"I have reviewed this case, and I want to assure parents that chose to home school that California Department of Education policy will not change in any way as a result of this ruling. Parents still have the right to home school in our state.

Every child in our state has a legal right to get an education, and I want every child to get an education that will prepare them for success in college and the world of work in the challenging global economy.

As the head of California’s public school system, I hope that every parent would want to send their children to public school. However, traditional public schools may not be the best fit for every student. Within the public school system there are a range of options available. Students can take independent study classes, attend a charter school, or participate in non-classroom-based programs. But some parents choose to send their children to private schools or to home school, and I respect that right.

I admire the dedication of parents who commit to oversee their children’s education through home schooling. But, no matter what educational program a student participates in, it is critical that the program prepares them for future success in the global economy. I urge any parent who is considering or involved in home schooling their children to take advantage of resources and support available through their county or district offices of education.”

Personally, I don't care for the strings attached to government "support" of homeschooling, but I respect the right of other parents to choose to enroll in a charter or government-run ISP if that's what they deem best for their own families.

A Bit of Satire to Lighten the Mood

TheSpoof.com is a satirical news site similar to the Onion. It has an absolutely hilarious spoof of the Long case entitled "California parents arrested -- Caught Home-schooling their children without a teaching credential".

Some highlights:

"Setting up a special task force virtually overnight, SWAT teams and truant officers armed with arrest warrants and automatic weapons began rounding up wayward parents, and against their will placing their child in protective custody and enrolling them in public schools throughout the state.

Originally thought to be a logistical nightmare, distinguishing home-schooled children from that of the public school system, officials quickly learned they could gather up a list of suspects from last year's contestants, finalists and winners of the National Spelling Bee Contest, unusually high SAT scores and any kid who passed a random drug screen and/or pregnancy test.

'Also, we followed home any polite, courteous or well adjusted child,"'said Dug Martinez, SWAT Commander. 'Oh, and any kid we caught actually doing their homework at the library.'

...Listed among the home-schooling educational material seized by police: copies of 'Plato's Republic; The Prince; The Magna Carta; The Federalist Papers; The Declaration of Independence; The Constitution and The Bill of Rights.'"

Love it!

(HT: Greg Laden)

Resolution in Support of Homeschooling Introduced

According to Karen Taylor of the California Homeschool Network, California Assemblyman Joel Anderson (R-El Cajon) has introduced a resolution ACR 115 supporting homeschooling and calling on the Supreme Court to reverse the Second Appellate Court ruling in the Long case. Although neither CHN nor any of the other homeschooling groups were involved in drafting this resolution, CHN is requesting that California residents supportive of homeschooling contact their legislators & ask them to vote for resolution ACR 115. If you do not know the contact info for your Assemblyman/woman, you can check here (click on the "find my district" button on the left-hand menu).

According to CHN, the resolution reads as follows:
"Assembly Concurrent Resolution

WHEREAS, Some thirty years of experience with the modern
homeschooling movement in California demonstrates that home school
graduates take up responsible positions as parents, as students in
and graduates of Colleges and Universities, in the workplace, and as
citizens in society at large; and

WHEREAS, Homeschooling by California families with diverse
backgrounds has historically given children a quality education
through proven, independent approaches that nurture valuable family
bonds and support successful student development; and

WHEREAS, private homeschooling has a long and rich history in the
State of California, currently estimated as involving 200,000
students in the State of California, and 2,000,000 students nationwide; and

WHEREAS the United States Supreme Court has ruled that parents have a
fundamental constitutional right to direct the education and
upbringing of their children (Wisconsin v. Yoder, Pierce v. Society
of Sisters, Meyer v. Nebraska); and

WHEREAS, On February 28, 2008, the Court of Appeals for the Second
Appellate District in Los Angeles issued an opinion in the case of In
Re: Rachel L. holding that homeschooling without a teaching
credential is not legal; and

WHEREAS, This misguided interpretation denies California parents'
primary responsibility and right to determine the best place and
manner of their own children's education; and

WHEREAS, The fair opportunity of California families to educate their
children should not be undermined; now, therefore, be it

RESOLVED, by the Assembly of the State of California, the Senate
thereof concurring, that the Legislature hereby calls upon the
California Supreme Court to reverse the opinion.

RESOLVED, That the Chief Clerk of the Assembly transmit copies of
this resolution to the author for appropriate distribution."

CHN is recommending phone calls given the time-sensitive nature of the matter.

UPDATE: Debbie Schwarzer from the Homeschool Association of California's legal team has also weighed in in favor of contacting legislators asking them to support ACR 115:

"This is one case where I do encourage members of HSC and all other homeschoolers in the state to contact their representatives (currently, just the Assemblymembers, as it is not pending before the Senate and will just confuse your Senator's office if you call now) and encourage them to vote in favor of ACR 115....Calls are fine, but letters faxed to the office are even better, as they then retain tangible evidence of their constituents' positions. Emails are often ignored, so please call or fax if possible. It is best to give your name, the city and/or Assembly District you live in and the name of the resolution (ACR 115), to state that you educate your children at home (or support those who do) and wish the right of California families to continue to have that option with minimal government intervention, and to state your desire that Assemblymember ______ vote in favor of ACR 115 by Joel Anderson."

Big Name Legal Firms to Aid CA Homeschoolers

Good news for California homeschoolers: two prominent legal firms have agreed to assist the Homeschool Association of California and the California Homeschool Network pro bono. According to Debbie Schwarzer of HSC's legal team, the firm of Wilson, Sonsini, Goodrich & Rosati will represent HSC and the firm of Baker & McKenzie will represent CHN:

"I am thrilled to announce that we have been offered help by two of the best law firms in the state (and country). The firms will be helping us on a pro bono basis. That means they will donate (very expensive) attorney time to help us figure out the best strategies for dealing with the court issues, and they will help us prepare and file the letters and briefs that we need....

[HSC and CHN] both think that help from professionals in dealing with the Supreme Court will be invaluable. The firms will consult with each other to make sure they are not duplicating efforts, but that they also aren't leaving any important arguments out. They will also try to coordinate their efforts with the other groups with which HSC and CHN have been working, HSLDA, CHEA and Family Protection Ministries."

Let's hope the "big guns" at these two firms will be able to put together a winning argument for "depublication" of the Second Appellate Court ruling or some other legal solution to the dilemma posed by the Long case!

HSC Legal Team Advises Homeschoolers to Remain Calm

The Homeschool Association of California's legal team has issued a plea to homeschoolers concerned about the Long case to remain calm & not panic. You can read the full post here.

The key points (emphasis added):

"We DO NOT want every HSC member or HSLDA member or grandmother or irate citizen dashing off their letters to the Supreme Court. There are sober, measured, legal arguments to make about why depublication [of the Second Appellate Court ruling] is appropriate, and those arguments are made after researching the applicable standards, etc. The Supreme Court will not be swayed positively by public outcry. In fact, it could backfire, and backfire badly....

I would be personally, professionally, and, as a representative of HSC, globally grateful if everyone on this list would calm down and ask others to calm down. Specifically, I would ask people:

a. Not to write to the Supreme Court or any court.

b. Not to talk to their legislators or make any public statements about a need for legislation.

c. Tell their neighbors, friends, lists, groups both of the above and to educate them about the choices available and about how panic isn't necessary, marches on Sacramento aren't necessary, etc.

I wish this were the type of situation where we could put the fury, passion and energy of the members of this list to good use. Trust me, if we end up having to go the legislative route, we will have that situation at some points. But this isn't that type of situation, and too many folks stirring things up hurts instead of helps."

HSC is working hard in conjunction with many other groups such as CHN, HSLDA, CHEA of CA, the Family Protection Ministries, and the Pacific Justice Institute to get the appellate court ruling "depublished" and avoid opening up a can of worms with the state legislature.

What is "Depublication" of a Court Ruling?

In response to the Long case, the Homeschool Legal Defense Agency has started a petition requesting that the California Supreme Court "depublish" the Second Appellate Court's ruling number B192878. You can sign the HSLDA petition here.

You may be wondering what exactly does it mean for a ruling to be "depublished". I found an excellent article on the subject by attorney Kent Richland that was originally published in Los Angeles Lawyer magazine. Here are some highlights:

"Depublication [is] the California Supreme Court's discretionary power to order that a Court of Appeal opinion not be published in the Official Reports, therefore depriving the opinion of precedential value....Former Supreme Court Justice Joseph Grodin has explained that depublication is utilized when 'a majority of the justices consider the [appellate court's] decision to be wrong in some significant way, such that it would mislead the bench and bar if it remained as citable precedent,' but the issue is not of sufficient societal importance to justify full-scale review....

Depublication permits the supreme court to reserve the review process- which involves an enormous expenditure of its resources -to only the most important cases, while at the same time limiting the potential damage which might result from the fact that the trial courts are bound to follow published opinions, even if they are wrong....

Depublication thus seems to be a sensible tool for 'damage control'- particularly useful today, when the supreme court's resources are at a special premium because of the number of non-discretionary matters...which it has before it."

So in the case of the Longs, the CA Supreme Court could decide not to do a full review of whether this one particular family ought to be allowed to homeschool their children (about which there may be legitimate concerns) but rather simply say that the Second Appellate Court's decision should not be binding on all the other 166,000 or so homeschoolers in the state.

That seems to be the best option in my personal opinion. We will probably never know the truth about whether the allegations made against Mr. Long by two of his daughters are, in fact, legitimate since it's a classic "he said/she said" situation. But whatever the case may be, the judges ought to limit their ruling to the troubled family in question rather than declaring that all homeschooling in the state is illegal unless done by a credentialed tutor.

Why CA Homeschoolers Don't Want a Legislative Solution

There's been a lot of discussion over the past several days about what should be done to resolve the uncertain legal status of homeschooling in California in light of the Long case. Debbie Schwarzer of the Homeschool Association of California's legal team posted this morning to the HSC Yahoo group that legislation is not the route HSC and other organizations want to take:

"I know it's not being talked about now, but just wanted to make sure people know what the state groups, including HSC, are thinking. HSC and the other state homeschool groups, as well as HSLDA, do NOT want to address the current issues by introducing legislation. If someone else introduces some, whether to be 'helpful' or to corral those pesky homeschoolers, we will have to deal with it, but we will not be the ones seeking it."

The dangers of a legislative solution were highlighted by today's announcement by the Washington, D.C. Superintendent's Office of new proposed restrictions on homeschooling in the District. According to an article in The Examiner:

"For years, parents in the District have been largely free to educate their children as they wished. But that could drastically change with the new rules, which authorize public school officials to make home visits several times a year, mandate the subject areas families cover and require parents to submit evidence that their children have been immunized."

This is the type of government interference with homeschooling that we Californian homeschoolers decidedly do NOT want...

UPDATE: You can find the details of the proposed new restrictions on homeschooling in D.C. here. The D.C. Superintendent of Education Deborah Gist is taking public comments on the proposal until March 29th. Hopefully, there will be enough outcry over the intrusiveness of the proposed regulations that they will not be implemented!

Update from the California Homeschool Network

The California Homeschool Network has posted an update to its legal page regarding the Long case.

Some highlights:

"The law in California has not changed. This is the opinion of one court. CHN strongly believes this opinion is incorrect, and homeschooling by using one of the alternatives to public school currently available under California law remains legal. The implications of this ruling and possible actions are currently being discussed by CHN, along with HSC, CHEA, Family Protection Ministry and HSLDA....

What can [homeschoolers] do to help?

Keep up to date on the information being provided by reliable sources, and support your state homeschool network by renewing your membership and/or volunteering so they may continue to have the resources to monitor this type of activity.

Should we continue to stand behind the legal option we are currently using?

Absolutely. CHN maintains that California law allows several viable options to enrollment in a public school. One of these options is to enroll in a private school. Private schools are not required by California law to employ credentialled teachers, and there is no restriction in the law specifying that a private school must be of a certain size or that parents may not operate a private school in which their own children are enrolled."

I second the recommendation to join one of the 3 statewide homeschooling organizations: CHN, the Homeschool Association of California, or the Christian Home Educators Association of California. Please note that the first two are "inclusive" groups, but CHEA of CA has a "Statement of Faith" that individuals should read carefully and consider whether they are comfortable with prior to joining. And this Catholic Christian will just leave it at that, LOL!

Freedom of Religion Guaranteed by CA Constitution

I've seen a couple of different bloggers question whether the First Amendment to the U.S. Constitution is applicable to the Long case, given the issue of states' rights and whatnot. One of them is Joseph Knippenberg of the Ashbrook Center blog "No Left Turns" and the other being a blog I don't feel is appropriate for linkage given that it has a "restricted to adults" warning and content many of my readers would likely find objectionable. So for all you doubters out there, it is not just the U.S. Constitution that guarantees Californians the free exercise of religion but *ALSO* the state constitution:

"CALIFORNIA CONSTITUTION
ARTICLE 1  DECLARATION OF RIGHTS

SECTION 4

Free exercise and enjoyment of religion without discrimination
or preference are guaranteed.  This liberty of conscience
does not excuse acts that are licentious or inconsistent with
the peace or safety of the State.  The Legislature shall make
no law respecting an establishment of religion.

A person is not incompetent to be a witness or juror because
of his or her opinions on religious beliefs."

Homeschooling is neither "licentious" nor "inconsistent with the peace or safety of the State." Therefore the Longs do indeed have a constitutional right to practice their religion without interference from the California state authorities.

Is There Anti-Christian Bias in the Long Case?

There's been a lot of speculation about whether the ruling of the Second Appellate Court in the case of the Longs was due in part to an anti-Christian bias on the part of Judges Croskey, Klein, and Kitching.

Debbie Schwarzer of the Homeschool Association of California's legal team does not believe that is the case. She posted to the HSC Yahoo group:

"I am convinced that the court did not have any anti-religious bias. I think you could have substituted 'hippie' or 'Jewish' in any mention of religion and, based on the facts presented, the court would have found the same way."

She points out that the Longs are far from the ideal family for a test case of the right to homeschool. Fair enough, but I'm still not convinced that the judges are totally fair and impartial when it comes to conservative Christianity.

I did a little Google search and found out that Joan Klein has been described as "a forthright feminist", "liberal and political", "an active Democrat", and a member of the National Organization of Women's Legal Defense Fund. Now somebody like that couldn't *POSSIBLY* be a teensy-weensy bit biased against conservative Christianity, could she?

It's entirely possible that Debbie Schwarzer is correct and that Judge Klein would've ruled the same against the Longs had they been members of a different faith or of a more liberal branch of Christianity. But radical feminists have been pretty outspoken over recent decades about their disdain for the patriarchy they see in conservative Christianity.

The irony is that Judge Klein was the one who back in 1991 moved the Rodney King trial out of LA out of concern for fairness. Yet she may very well have let her own biases color her ruling in the Long case.