The 1993 Home-Ed-Politics Debate (Part 1)
1. How to Get Rich in the Protection Business by Stocky Manville (fwd)
Karen Peterson
2. How to Get Rich in the Protection Business by Stocky Manville (fwd)
Claude W. Anderson
3. How to Get Rich in the Protection Business by Stocky Manville (fwd)
Tom Walker
4. How to Get Rich in the Protection Business by Stocky Manville (fwd)
Craig Peterson
5. HSLDA
Karl Pearson
6. How to Get Rich in the Protection Business by Stocky Manville (fwd)
Tom Dillard
7. How to Get Rich in the Protection Business (rough translation)
Craig Peterson
8. Article about Michigan homeschooling case rulings
Tom Dillard
9. How to Get Rich in the Protection Business
Scott Somerville
10.HSLDA -Reply
Scott Somerville
11.How to Get Rich in the Protection Business (rough translation)
David L. Hanson
12.reply to HSLDA and protection racket
Doris Hohensee
13.reply to HSLDA and protection racket
David L. Hanson
14.HSLDA
Scott Somerville
15.Scott Somerville of HSLDA
Doris Hohensee
16.Article about Michigan homeschooling case
Scott Somerville
17.HSLDA
Karen Peterson
18.Article about Michigan homeschooling case
Craig Peterson
19.Scott Somerville of HSLDA -Reply
Scott Somerville
20.HSLDA -Reply
Scott Somerville
Message 1
Subject:
How to Get Rich in the Protection Business by Stocky Manville (fwd)
Date:
Thu, 30 Sep 93 7:26:29 WET
From:
karen (Karen Peterson)
To:
home-ed-politics@mainstream.com
> How to Get Rich in the Protection Business
>
> by Stocky Manville
>
>
> In the old days, hoodlums made money easily. Certain hoods would go
> into the window-washing business. And they were successful! Boy, were
> they successful! They would go to the store owner and say, "I'm going
> to be your contract window-washer, and you're going to pay me $300.00
> a week for washing your windows." If the store owner refused, all his
> windows would be broken. After the glass was replaced, the hood would
> return and say the same thing. "I'm going to be your contract
> window-washer, and you're going to pay me $300.00 a week for washing
> your windows." A refusal of these terms resulted in more broken
> windows.
>
> The more sophisticated hoods worked in teams. The second team would
> come along and say to that same store owner, "I understand you're
> having some problems around here with hoods breaking your windows.
> We'll give you protection against these hoods...all it'll cost is
> $400.00 a week." If the stroe owner refused, windows would again be
> broken, and sometimes worse damage would be done. The store owner
> might never make the connection between the first hood and the new
> hoods offering protection. But the hoods were clearly feeding off each
> other.
>
> In the jargon of the street, that was called "the protection racket."
> Today there's a new twist. Here's a little allegory to illustrate how
> this is being done with homeschoolers.
>
> There once was an insurance company that specialized in insuring
> families against broken glass. They were very good at what they did,
> and they served their customers well. When folks bought this policy,
> it covered all broken glass - windshields, glass door panels, house
> windows - it was a conscientious insurance company that served its
> people well.
>
> Word spread about the good service and the good protection they
> offered. But as the insurance company grew larger, its staff was
> expanded. Soon there were big salaries to pay and benefits and other
> amenities, like a nice new office, more secretaries, advanced computer
> systems, family vacations in Hawaii, and so on. And since this
> insurance company prided itself on protecting the "little guy," they
> didn't want to raise their rates. So they had another idea. The
> protection company thought that if people understood the need for
> their protection, more people would buy. So they started speaking
> around the country, trying to convince people how bad things were.
> They told their audiences how vandals were marauding and breaking
> windows, causing unbelievable hardships for families. Their message
> always contained the same two points: "We've had more cases in this
> state this year than ever before," and "So-and-so had this problem,
> and we were able to fix it right away." In short, the message was,
> "There are people who are out to get you, but we're here to protect
> you. Join our protection plan now." Some glass users bought the story,
> but most did not. But the company was growing bigger and needed more
> revenue.
>
> The protection company did not sell enough protection policies. Then
> one day things began to look up. People in certain states suddenly
> wanted to join this protection plan. These certain states had recently
> experienced a rash of problems with glass. As the fear of these
> problems spread, people bought the protection. Naturally.
>
> As time passed, some families attended glass conferences in different
> states. These families noticed that the protection people were often
> the featured speakers at these conferences. They noticed that the
> messages were mostly of gloom and doom, but always ended happily with
> the protection company as heroes, saving one innocent family after
> another from the perils of vandals.
>
> Some families compared notes with each other. They wondered about this
> omnipresent protection company. They began to keep their eyes open and
> watch how the protection company was conducting itself at public
> hearings. They discovered things that were curious - it seems the
> protection company was using its considerable size and money to
> influence rules about glass. And it seemed they were submitting briefs
> to state officials behind the glass user's backs, and the content of
> these briefs seemed to contradict what the glass users really wanted.
> The resulting confusion seemed to allow vandals (who get their kicks
> out of harassing glass owners) to go unchecked, so they felt they
> could do what they wanted. The protection company's briefs were
> oftentimes very compromising and not in the best interest of the
> people they were paid to protect. They were causing considerable
> confusion and trouble for the glass users, but alas, the glass users
> didn't know that. They only saw the confusion.
>
> But people would rather be safe than sorry. So as the hype about the
> confusion intensified, the glass users bought the protection plan
> coverage...from the only company which offered it. But the big
> protection company didn't feel bad about this...they knew they did a
> good job for a few of the nearly 20,000 families who bought their
> protection. And besides, they weren't asking for much in return - a
> whole family could buy this protection for just $100 per year.
>
>
>
> [Note: Stocky Manville is a businessman, father, and long-time observer
> of the modern homeschooling movement. Permission is granted to
> reproduce or publish this article as often as desired for any
> publication or distribution.]
>
Message 2
Subject:
Re: How to Get Rich in the Protection Business by Stocky Manville (fwd)
Date:
Thu, 30 Sep 93 07:59:33 -0500
From:
Claude W. Anderson
To:
home-ed-politics@mainstream.com
CC:
anderson@falstaff.cs.rose-hulman.edu
Karen,
I greatly appreciate the articles that you forward to this list.
But this one has me quite concerned.
This little allegory contains some very serious allegations.
If they are true, we should see some evidence.
If there is no such evidence, I think this article borders on libel.
I hope you will post that follow-up article today that offers some evidence
to back up what the author is claiming about things said behind my back.
If you have no such evidence, you should send an "editor's humble apology"
to the list members, and you should think more carefully in the future
about allegations that you publish.
If Mr. Mannville is right, I will want to withdraw my membership from the
protection agency and stop encouraging others to join. If not, that fact
needs to be made clear to everyone on the list before more damage is done.
Pardon me for being a skeptic. I know nothing about Mr. Mannville. But I
could envision that at this time when so much is at stake in a certain
race for Lieutenant governor that someone who does not agree with a certain
candidate's political/religious views could have planned to
bring out this article just in time so that it would negatively influence
some voters, but late enough so there is no time for refutation.
I anxiously await your reply. My first inclination was to send this info
to the list. But that is not right. According to Matthew 18, when I
have a problem with something you have done, I must discuss it with you
before making it a public issue.
I hope that you have already had that kind of discussion with Mr. Mannville
and Mr. Farris and are ready to elaborate. Or that you are ready to issue
a prompt retraction.
A house divided against itself cannot stand. THat is as true of the
home-school movement as it is of the evil kingdom to which that quote
originally referred. If there really is a "rotten apple" in our midst,
I'll be the first to want to throw it out before the whole bunch is
spoiled. But I need to know where that rottenness comes from.
I know yoou are likely to be busy. But the urgency of the situation
vis-a-vis the election warrants a speedy response. I plan to send a
response to the list today, unless I get assurances that you need time to
prepare a followup that will appear tomorrow. (I'm optimistically guessing
that you already have that follow-up evidence and were just waiting to see
if there is interest before you send it). If I don't hear from you by the
end of the day, the response will be a copy of this letter.
I am sending a copy of your article and this response to someone at the
agency so that they also have time to prepare a response.
I hate to write such a negative letter, but your uncharacteristic choice of
article really has me disturbed.
---
Claude Anderson
anderson@cs.rose-hulman.edu - NeXT mail welcome
(812)877-8331
Message 3
Subject:
Re: How to Get Rich in the Protection Business by Stocky Manville (fwd)
Date:
Thu, 30 Sep 93 09:19:49 EDT
From:
Tom Walker
To:
home-ed-politics@mainstream.com
The Stocky Manville allegory is a thinly veiled accusation or attack
on HSLDA that is unfounded. I take it Mr. Manville has not had the
privilege of having the local/state "public" school officials or
"social services" people threaten or carry out actions against his
family. Although I have not personally, I know several families who
have and HSLDA has provided them with excellent "protection". I strongly
support HSLDA and have often talked with the head, Michael Farris. I can
assure you that the absolute last thing on his mind is creating a false
sense of danger among home educators so that his organization can profit.
Mr. Farris is a Bible believing Christian. This kind of deceit would be
totally opposite the beliefs upon which he fashions his entire life.
Message 4
Subject:
Re: How to Get Rich in the Protection Business by Stocky Manville (fwd)
Date:
Thu, 30 Sep 93 11:49:32 -0400
From:
craig@osf.org
To:
home-ed-politics@mainstream.com
Who is Stocky Manville? Do we know what publication this article was
in?
I was not living in New Hampshire when our home schooling law was
presented and passed. As I understand the circumstances behind the
passing of the law there were problems which some of the homeschoolers
were having meeting requirements which were set forth by their local
school administrators. These administrators had wide powers in
dealing with homeschoolers and, as one would expect, some of them were
cooperative, and some were not. There was a concern that things would
continue to deteriorate, and that something had to be done.
Let me preface my next remarks by saying that I am a freedom-loving
Christian. I am very active politically at the state level, and have
been fairly active at the federal level.
I see many homeschoolers in our state who would like to give up
liberty for perceived safety. To quote Benjamin Franklin "Those who
give up essential liberties for temporary safety deserve neither
liberty or safety." When dealing with government, you must be
careful. Often they will let you think that you are giving up
nothing, when in fact you give up much.
The HSLDA came into our state touting a law which would give the
homeschoolers a great deal of freedom, and provide a safe haven for
those who had been assaulted by their school administrators. A number
of Christian homeschoolers in the state formed a committee which
helped to push the bill through our legislative process, and spent a
great deal of time and efforts in so doing. Many people attended the
hearings and lent their support. I am certain that the original
legislation which was presented by the HSLDA was modified to some
extent by this committee, and the legislature.
What we have now in New Hampshire is a bill which many homeschoolers
cannot live with. It allows the state the same wide powers which it
had before, but now they are codified in law. All of the
homeschoolers in the state who attempt to comply with this law may
have their notification of homeschooling rejected. Many have been
culled into believing that because the law says that they must notify
in a certain fashion, that that is all that they have to do; they
believe that they can go on with their homeschooling plans because
they don't have to apply. The law also says that the state must
"accept" their "notification" before the homeschooling can start.
Someone doesn't understand the distinctions between notification and
application.
There is an appeals process for homeschooling to a board of people who
claim to represent homeschooling. This is the Home Education Advisory
Council (HEAC). I'm afraid that this board doesn't represent the
interests of the average homeschooler in the state. Boards like this
often end up being highly politically motivated, often with personal
interests overriding the rights of parents to direct their children's
education. [There's my political experience talking again.]
In a recent turn of events the head of the department of education (I
think that is his title), Charlie Marston, is obtaining direct power
over homeschooling. Mr. Marston is perported to be
anti-homeschooling. The education board which existed before is up to
be dissolved (not to be confused with the HEAC). We'll see how this
all turns out.
I'm grateful that there are people who want to help homeschoolers, and
who are so dedicated that they will truly spend their time and efforts
on helping out -- not just giving lip service.
I also get concerned when people end up making a living at it. Often
the organization's life becomes more important than the initial issue
for which they were formed. The zealousness with which liberties were
previously defended diminishes. This can partly because of fighting
the dragon day in and day out -- it really wears you down, and takes
some of the fight out of you.
I haven't any direct experience with the HSLDA. I am aware of some of
the aftermath of legislation that they supposedly initially introduced
into the state. Let me further state that whenever it comes to
legislation, legal issues, judges, and politicians, it is almost
impossible to predict outcome.
Tom Walker comments (WALKERTD@VTVM1.CC.VT.EDU):
"I strongly support HSLDA and have often talked with the head, Michael
Farris. I can assure you that the absolute last thing on his mind is
creating a false sense of danger among home educators so that his
organization can profit. Mr. Farris is a Bible believing Christian.
This kind of deceit would be totally opposite the beliefs upon which
he fashions his entire life."
I truly appreciate his testimony concerning the HSLDA. I'm glad to
hear that he firmly believes that they are doing good, and are run by
a good man.
I also don't believe that they are creating a false concern over the
intrusive powers of government. Government must be closely watched,
monitored, and controlled by the people. "Experience should teach us
to be most on our guard to protect liberty when the government's
purposes are beneficient ... the greatest dangers to liberty lurk in
insidious encroachment by men of zeal, well meaning but without
understanding." Justice Louis Brandeis.
Again, I am not warning people to avoid the HSLDA. I am not warning
them in any regard, except to be cautious of our valuable liberties
and freedoms. "Fight the good fight."
We do need to unite together. We need to present a strong front to
our legislatures and governments. Eternal Vigilance
Craig.
Message 5
Subject:
HSLDA
Date:
Thu, 30 Sep 1993 10:50:02 -700 (MDT)
From:
Karl Pearson
To:
Home Ed Politics
Just a few thoughts for your consideration:
As an active home schooler for 12 years, I've seen something of the trends
that have occurred over the last decade. Although I've never been able to
put my hands on anything concrete, I've heard story after story from home
schoolers in other states that Mr. Farris' organization has filed briefs
in states in which they have little influence which would tend to inflame
the public establishment against home schoolers. In my mind, these things
are as true as the stories told of his benevolence.
This post is by no means any proof, just more hearsay, however, have any
of you ever met someone who, when meeting them for the first time you had
the same feeling you had when picking up a brick and finding a black widow
spider underneath? I have heard that this is the feeling had by many
people after having met Mr. Farris. Oh, and just because he professes his
Christianity doesn't necessarily mean anything. I learned long ago that
when transacting business, if the other party uses his religious beliefs
as a reason for me to do business with him then he is a person who
*CANNOT* be trusted.
The Rutherford Institute is a marvelous legal 'protection' organization
that doesn't require a 'subscription' fee. They handle cases on a case by
case basis and have acted responsibly and honorably for me and my
organization and have never brought up their religious convictions, even
though I know what they are and theirs are just as firm, if not more so,
than anyone else in the 'protection' business.
One more thing. If Mr. Farris is as good a man as has been indicated, so
be it. More power to him and I hope he wins election. However, there may
be those in his organization who carry out subversive actions which
ultimately could help to make HSLDA a more profitable entity for them.
I've seen some pretty ugly tactics used by people who wish seek a little
more job security...
-=> Karl L. Pearson, President, Utah Home Education Association
-=> No Other Success Can Compensate For Failure In The Home - Harold B. Lee
Message 6
Subject:
Re: How to Get Rich in the Protection Business by Stocky Manville (fwd)
Date:
Thu, 30 Sep 1993 14:12:54 -0500
From:
ldillard@digi.lonestar.org (Tom Dillard)
To:
home-ed-politics@mainstream.com
In reference to the allegory of protection, thinly compared to HSLDA, I'd
like to add these comments.
We recently read in the _Teaching Home_ an update on the Michigan court's
rulings with regards to the DeJonge and Bennett cases. The articles for
the most part viewed the rulings as favorable for homeschoolers. I should
note that they (I believe) are written by HSLDA.
A few days later my pastor handed me a copy of an article written by a
James Lanting, which appeared in the Sept. 1 issue of the _Standardbearer_.
It painted a very different picture about the ramifications of the rulings
with regards to homeschoolers.
We have several friends that are concerned about these two opposing views;
several of these families are members of HSLDA and therefore have a more
vested interest than I do.
I did try to contact via email someone on the list (sorry, can't remember
the name; was through MCI mail I think) about this but the mail bounced.
I do not have the article in front of me but do have it at home. If
anyone is interested I'll see about getting at least parts of it posted.
I would welcome discussion on these two particuliar cases, since there
seems to certainly be a difference of opinion about the outcomes.
-Tom
--
L.T. Dillard | DSC Communications Corporation | ldillard@dsccc.com
*** standard disclaimer ***
Message 7
Subject:
How to Get Rich in the Protection Busine (rough translation)
Date:
Thu, 30 Sep 93 15:16:53 -0400
From:
craig@osf.org
To:
home-ed-politics@mainstream.com
A Personal Response to:
"How to Get Rich in the Protection Business"
This list just reprinted an article which "explained" how the
protection racket was being applied to home schoolers. It explained
how a certain "protection" company was extorting $100 a year from its
20,000 member families. Since this is a transparent reference to the
Home School Legal Defense Association, where I work, I would like to
respond.
First, this is a personal response. HSLDA does not, as an
organization, defend its reputation when attacked by home schoolers.
(We do defend ourselves against critics outside the home-schooling
movement.)
But, personally, I was really hurt when I first read Stocky Manville's
article. We home schooled our children in Cambridge and then in
Boston as I went through Harvard Law School. I hated the approval
process, and the requirements for home visits. As far as I could
tell, the big school bureaucracies of those two big cities thought
that I was a part of their staff. When I left Massachusetts to start
work as an attorney at HSLDA, I hated Massachusetts law so much that I
did not want to ever have to deal with it again. Instead, I got
thrust into responding to real people -- our member families -- who
were being harassed by their Massachusetts school districts. Instead
of getting away from Massachusetts, I got more of Massachusetts than I
ever had before. We have over 600 member families in Massachusetts
alone, and I have received calls reporting negative contacts with
school officials for nearly a quarter of those families.
The article "How to Get Rich in the Protection Business" is two years
old. It has been passed around the home-school community since the
old days when HSLDA had less than 20,000 members (we now have 34,000).
I have only been at HSLDA since 1992, so I don't know from first-hand
experience whether any of the insinuations made in the article have
ever been true. I know that the article does not in any way describe
the HSLDA that I know.
I was a Massachusetts home schooler, and a member of HSLDA while I was
in the state. I know that I was very glad to be in HSLDA during those
years. Now that I work at HSLDA, I know that I can't be quite as
objective, but there are plenty of families in the state who can.
Perhaps those families can add to this discussion. Is HSLDA a
"protection racket," as Stocky Manville claims, or does it genuinely
serve home schoolers, as I believe?
Message 8
Subject:
Article about Michigan homeschooling case rulings
Date:
Thu, 30 Sep 1993 14:36:41 -0500
From:
ldillard@digi.lonestar.org (Tom Dillard)
To:
home-ed-politics@mainstream.com
Below is the text of the article I mentioned in a previous post with regards to
the lack of "protection" offered by HSLDA (note: I did not start this
thread!!!). I do not doubt that HSLDA does a great job, but I would like to
see comments on the below article and whether it's conclusions are correct or
not.
-TD
>
> MICHIGAN HOME SCHOOLERS LOSE TEACHER CERTIFICATION BATTLE
>
> by Mr. James Lanting
> James Lanting, a member of South Holland Protestant Reformed Church,
> is a practicing attorney.
>
> State Regulation of Home Schools
>
> Michigan home schoolers have long chafed under an onerous state
> education law that requires parents who home school their children
> to provide instructors who are state certified. Curiously enough,
> only two other states in the U.S. (Alabama and California) continue
> to insist on teacher certification for home schools. In contrast,
> by far the majority of states that regulate home schools now
> require only that the parent-instructors have a high-school
> education and that the home school students submit to periodic
> academic achievement tests.
> During the last decade Michigan home school advocates have
> challenged not only the despised certification requirement, but
> also other regulations imposed on non-public schools (e.g., curricula
> requirements, 180 school day minimum, and record keeping). In May
> of this year, the Michigan supreme court finally addressed all of
> these issues in lengthy opinions in three unrelated home school cases
> that were consolidated for purposes of hearing. In the Bennett and
> Clonlara companion cases, although the truancy convictions were
> overturned because of procedural irregularities, the court
> essentially upheld Michigan's regulatory scheme over home schools,
> holding that the regulations reasonably advance the state's
> legitimate interest in compulsory education. In the DeJonge case,
> the court carved out a limited exception where family religious
> convictions forbid use of certified teachers.
>
> The Bennett Case
>
> Dissatisfied with the public school system in the Detroit area,
> John and Sandra Bennett withdrew their children and began teaching
> them at home. The Bennetts enrolled their children in a home based
> education program (HBEP) sponsored by Clonlara, Inc. of Ann Arbor,
> Michigan. The Bennetts occasionally traveled to Ann Arbor where
> their children were instructed by certified teachers about four to
> six hours per month on Conlara's campus. The Bennetts held classes
> five hours per day, made monthly attendance reports, prepared
> individualized curricula for each child, and administered standardized
> achievement tests for each of their four children.
> Despite these activities, the Bennetts were tried and convicted
> of failing to send their children to school in violation of
> Michigan's compulsory education laws. The trial court held that the
> Bennetts failed to utilize the services of a certified teacher for
> at least a substantial portion of the school day, and also failed to
> maintain certain attendance and curriculum records. The Bennetts
> appealed their convictions to the appellate court and then to the
> state supreme court.
>
> No Fundamental Right
>
> Although the Bennetts did not contend they had withdrawn their
> children from the public school system for religious reasons, they
> nonetheless argued to the supreme court that parents' right to
> direct the education of their children should be classified as a
> "fundamental" right. Such a favored classification would then
> subject any attempted state regulation of such a fundamental right
> to a "strict scrutiny" test. This test would shift the burden to
> the state to prove that teacher certification, for example, is the
> "least intrusive means" of attaining the state's compulsory
> education goals.
> Regrettably, the court disagreed. Although the majority grudgingly
> recognized the parental right to direct the education of one's
> children, the court stopped short of calling it a "fundamental"
> constitutional right.
> Accordingly, having found the absence of a fundamental right, the
> court held that the state's teacher certification requirement need
> only satisfy the "minimal scrutiny" test -- whether the regulation
> is "reasonably related" to a legitimate state interest. The court
> held:
>
> "...it was incumbent upon the Bennetts to show the unreasonableness
> of the certification requirement, and they have been unable to do
> so. We are simply unconvinced that there is any reason to find
> that the teacher certification requirement is anything but at
> least reasonably related to the state's legitimate interest [in
> compulsory education]."
>
> Finally, the court determined the Bennetts' convictions should be
> overturned and vacated because they were not afforded a proper
> hearing prior to their prosecutions. The court then ordered the state
> superintendent of education to determine whether the Bennetts' home
> school met state education laws.
> In conclusion, the court obstinately refused to jettison the teacher
> certification requirement for home schools, even the this questionable
> regulation is used in only two other states in the U.S. Even more
> regrettably, the court refused to recognize the parental right to
> educate [their own] children as a protected fundamental constitutional
> right.
>
> DeJonge Case -- Religious Exemption
>
> In the companion case of People v. DeJonge, however, which was
> decided the same day, the court did carve out a special exemption
> to teacher certification for "families whose religious convictions
> prohibit the use of certified instructors."
> Mark and Chris DeJonge of Allendale, MI taught their children at
> home since 1984 because of their desire to provide them with a "Christ
> Centered education." They likewise enrolled their children in a
> HBEP administered by the Christian Liberties Academy in Illinois.
> Nevertheless, because neither of them were certified teachers, the
> DeJonges were convicted, fined $200, and sentenced to two years
> probation. On appeal to the Michigan Supreme Court the DeJonges
> contended that the certification requirement violated their First
> Amendment right of free exercise of their religion.
> A split court (4-3) ruled in the DeJonges' favor, creating an
> exception where certification would violate a parent's religious
> beliefs. Mark DeJonge had apparently testified at trial that it was
> his sincerely held religious belief that it is sinful for anyone
> other than parents to teach their children.
>
> Strict Scrutiny Test
>
> Writing for the majority, Justice Dorothy Riley held that, because
> (unlike the Bennett case) the DeJonges' religious beliefs were being
> burdened, the First Amendment requires the "strict scrutiny" test to
> be applied. Accordingly, the application of this test shifted the
> burden to the state to prove that teacher certification is the "least
> restrictive means of achieving the state's interest" in education.
> Applying the strict scrutiny test, Justice Riley opined that teacher
> certification is an "archaic notion," noted that the "nearly universal
> consensus of [other] states is to permit home schooling without
> demanding teacher certified instruction," and further noted that over
> twenty states have already repealed teacher certification requirements
> for home schools.
> Accordingly, the DeJonges' conviction was vacated and the court held
> that, although Bennett stands for the general principle that home
> schools are subject to teacher certification requirements, DeJonge
> carves out a specific exemption or exception for families whose
> religious convictions forbid the use of certified teachers.
>
> Shallow Victories
>
> Although the Home School Legal Defense Association, the secular press,
> and Michigan home schoolers quickly declared a victory in the Bennett
> and DeJonge cases, a close reading of the court opinions demonstrates
> otherwise. Even thought the Bennetts' and DeJonges' convictions were
> overturned, these cases accomplished little if anything for the home
> school movement, and may have signaled a setback for parental rights
> in Michigan. There are several reasons for this.
> First, the central important issue in the Bennett case was whether
> parents' right to direct the education of their children is a
> "fundamental" constitutional right enjoying favored status over
> state regulatory schemes. The court unequivocally ruled to the
> contrary, declaring that such state regulations over parental education
> need only pass a minimal "reasonableness" test. This ruling is
> clearly a loss for all non-public school parents sensitive to control
> over their children's education.
> Secondly, in the Bennett case the Supreme court stubbornly retained
> the teacher certification requirements for both home schools and all
> non-public schools. Teacher certification, then, is regrettably
> still alive and well in Michigan. This adverse ruling, too, is a
> major defeat for all parental schools burdened with ongoing state
> bureaucratic rules and regulations, particularly the archaic teacher
> certification scheme.
> Thirdly, although the DeJonge truancy convictions were overturned,
> only three of the four majority justices ruled that the teacher
> certification law was an unconstitutional violation of the DeJonges'
> religious freedom. Accordingly, the religious freedom aspect of the
> DeJonge case has dubious precedential value.
>
> The Sin of Delegation
>
> Finally, the religious exemption to teacher certification created
> by the DeJonge case is arguably very narrow and thus will be of
> limited use to Michigan home schoolers. This is because Justice
> Riley's majority opinion restricts the exemption of "familes whose
> religious convictions prohibit the use of certified teachers." Mark
> DeJonge apparently believed it to be a sin to send his children to a
> day school (even a Reformed Christian day school with certified
> teachers) because, he insisted, the Bible teaches that only parents
> may teach their children. Consequently, it would be a sin to delegate
> teaching to a certified tutor or Christian school teacher. DeJonge
> also maintained it was a sin for him or his wife to submit to state
> authority and become certified.
> But since Mark DeJonge's unusual if not bizarre notions are shared
> by few if any home schoolers (indeed, the appellate court noted that
> DeJonge's own wife and pastor did not share these beliefs), it appears
> that the DeJonge religious exemption may be claimed by few parents.
> Accordingly, as a parental religious freedom decision, the DeJonge
> case may be of limited significance.
>
> [Reprinted from the September 1, 1993 issue of _The Standard Bearer_
> and used with permission]
>
>
>
> Message Date: Sep 6, 9:54am
--
L.T. Dillard | DSC Communications Corporation | ldillard@dsccc.com
*** standard disclaimer ***
Message 9
Subject:
Re: How to Get Rich in the Protection Bus
Date:
Thu, 30 Sep 93 19:56 GMT
From:
Scott Somerville
To:
HOME ED POLITICS
Responding to the NH experience regarding new legislation and
HSLDA's involvement in that . . .
I, Scott Somerville, was the first President of the Christian
Home Educators of New Hampshire (CHENH) and was one of two home
schoolers who fought the Dept. of Ed. to a standstill on the Home
School Rules Revision Subcommittee in 1988, the year before the
new law was introduced. I depended enormously on HSLDA's help to
block the bad guys' efforts to triple the regulations on home
schoolers.
After experiencing the battle to defend home schoolers first hand
in this way, I decided to go to law school. I was at Harvard Law
from 1989-92, so I missed the fun of passing new legislation.
One thing I now know about passing a law is that it always
divides people. I am not surprised that HSLDA lost some friends
as they worked to help New Hampshire's home schoolers get a law
passed. Now that I work at HSLDA, I realize that HSLDA always
loses both friends and members when there is a legislative
victory. We lose friends because no one law pleases everyone.
We lose members because we win the victory, and people don't need
to spend their hard-earned money on legal defense any more.
As I understand the conversation so far, HSLDA is being
criticized for two things: (1) terrorizing people by telling them
the laws are awful, and (2) deceiving people by telling them the
laws are great.
I think what we really are seeing is that some people just
disagree with HSLDA's legal opinions. Instead of agreeing to
disagree, however, there are those who attribute HSLDA's position
to bad motives (fear-mongering, if HSLDA says the law is not OK;
or selling home schoolers down the river if HSLDA says the law is
better than the alternative).
The odd thing about all this is that HSLDA does not force anyone
to join up, nor do we walk into a state and try to run the show.
We are just lawyers, after all, not the elected leadership of the
home schooling world.
Message 10
Subject:
HSLDA -Reply
Date:
Thu, 30 Sep 93 20:10 GMT
From:
Scott Somerville
To:
HOME ED POLITICS
Responding to "Have you ever picked up a brick and found an ugly
spider underneath?"
I, Scott Somerville, have been in the thick of this thread, and
now that the Rutherford Institute has been dragged into it, I
can't seem to sit back on the sidelines.
I am an HSLDA member who went off to Harvard Law School, and
spent the summer of 1990 as an intern at the Rutherford
Institute, working directly with John Whitehead in
Charlottesville. Because I had been the leader of a state
home-school organization, and had five home-schooled kids of my
own, I volunteered for the project of updating all of
Rutherford's information on home schoolers. This information was
originally gathered by Chris Klicka when he was an intern at
Rutherford in 1985(?), before he became the first full-time
employee of HSLDA. The same material was updated in 1988 by
George Whitten, another intern, who then went on to work for
HSLDA (he is no longer here).
Rutherford and HSLDA used to have a very warm and cordial
relationship. HSLDA would defend all of their own members, and
refer non-members to Rutherford. In 1990, when I was at
Rutherford, a direct mail firm entered into a contract to help
Rutherford build up its mailing list. To the best of my
knowledge, that direct mail firm discovered that home schoolers
were unusually generous donors, and that they contributed more
per capita than did other segments of the mailing list. Shortly
after I left Rutherford that fall, they announced that they were
starting their "Home School Brief," which, for $25 per year,
would help home schoolers with legal problems.
I helped to form the Harvard Law School student chapter of the
Rutherford Institute, and was an active participant in
Rutherford's activities there for the rest of my law school
career. As graduation approached, I inquired about the
possibility of a job with Rutherford, and got no response at all.
I wound up working at HSLDA, and am very happy here.
I have worked with both Mike Farris and John Whitehead closely
and over a sustained period of time. Both are intense, brilliant
men. Both have enormous gifts, and certain weaknesses. Mike
Farris, for example, can hardly ever be content with doing only
one job. He is now running HSLDA and is running for Lt. Gov. of
Virginia. I won't say what Whitehead's weaknesses may be, since
it would only be misinterpreted.
As to one comment, that HSLDA goes into states where it "has very
little influence" and submits briefs that "stir up the
educational establishment." The author of that comment doesn't
understand the difference between law and politics. In politics,
it matters whether one has influence, and it matters whether one
stirs up the opposition. In law, when a family is being
criminally prosecuted by the all-powerful state, all the
"influence" one needs is the law. Yes, HSLDA does "rile up" the
educational establishment when it submits briefs that argue that
the state's law is unconstitutional. We are sorry for the
discomfort, but we have a DUTY to defend each member as best we
can.
Message 11
Subject:
RE: How to Get Rich in the Protection Busine (rough translation)
Date:
Thu, 30 Sep 93 14:37:54 CST
From:
dlhanson@amoco.com
To:
home-ed-politics@mainstream.com
Scott,
I for one appreciate you for personally responding to the allegory. While we
are not members of HSDLA, primarily because we think we are fairly safe in
Illinois, I do applaud HSDLA's efforts to help individual families out of
horrible situations. (Fellow list members, I have read as many older magazines
and publications as I can even though we have only been aware of homeschooling
for 2 plus years. HSDLA has helped so many individual families so they continue
to homeschool, so they could keep out of jail, and so their children wouldn't
be taken away. HSDLA is, for individual families, a good friend of
homeschooling in my opinion.)
Since, you apparently are reading this, I have to admit that I have a twinge
of doubt about one part of what HSDLA does. It seems to me that HSDLA is
too ready to compromise with the devil (in this case a State that is
intruding into areas where it has no business). It seems to me that HSDLA
takes compromising, pragmatic positions on testing and supervision, for
example. To me, any State regulation of homeschooling is unacceptable, so
it bothers me to see HSDLA constantly take compromising positionsn when they
deal with State legislatures. (This is one reason why the unschoolers are so
unhappy with HSDLA. I don't happen to agree with their education methods but
I do agree with their right to use them. Testing and supervision laws make it
very hard for them to do what they believe is best for their families.)
My advice to HSDLA is, that if HSDLA is going to be involved in legistlative
efforts, it should not compromise with the devil. That just makes it harder
in other places, where families are trying to do right.
David L. Hanson
Naperville, IL
dlhanson@amoco.com
(Have the people on the HSDLA staff read Who Owns the Children? by Blair
Adams? If not, they should.)
Message 12
Subject:
reply to HSLDA and protection racket
Date:
Fri, 1 Oct 93 10:10:00 WET
From:
doris (Doris Hohensee)
To:
home-ed-politics@mainstream.com
HSLDA has used its considerable clout time and again to establish
laws that only they and a limited segment of the home education community
can live under. Their vision of home education is very State controlled
and regulated. Many families cannot comply with the laws HSLDA helps to
pass.
The problem I had personally with HSLDA is that they helped draft,
lobbied support for, and defended the current home education law,
which is not only unconstitutional but it acknowledges Man (the State)
as sovereign. How can HSLDA, a Christian organization, deny God's
sovereignity? Was it deliberate or unwitting? I do not know.
However, every year that I have tried to change the home education
law, HSLDA publishes bulletins to its local home education groups
distorting and opposing my legislative efforts. Let me explain the
problem with our home education law and how HSLDA continues to
interfere in New Hampshire politics.
Under common law, when you comply with a statute it is comparable to
signing a legally binding contract with the State acknowledging its
sovereignity.
By complying with the current home education law, parents
inadvertently accept and acknowledge, in a legally binding manner, the
State's authority to proscribe and limit parental rights. Courts have
upheld the primary right and obligation of parents to raise and
educate their children. Yet our new law recognizes only "the primary
right and obligation of a parent to CHOOSE the appropriated eduational
alternative for a child under his care and supervision, as provided
by law." Your right to educate your children has now been reduced to
a choice of State-approved State-regulated educational alternatives
and then only as prescribed by law. The four little words, "AS
PROVIDED BY LAW," qualify and restrict your rights with respect to the
education of your children. Compliance with the law completely and
irrevocably takes away all of your rights except those specifically
"provided by law." State sovereignity over the education of your
children denies God's sovereignity. In this way, the State repeatedly
tricks people into ceding sovereignity from God to Man.
Lawyers are trained in statute law, not common law or God's law. It
is not in the State's interest to license lawyers based upon their
knowledge of anything but statute law. Thus most lawyers do not
recognize this problem.
Private educators would never allow the department of education
to define curriculums as home educators have with our new law.
Censorship of curriculum may not be an obvious problem at the moment,
but it is an insidious and dangerous power to grant to the State.
Again: the State claims sovereignity over God's domain.
Private educators are not accountable, in law, TO ANYONE AT ALL. Home
educators in this state have the dubious distinction of being unique.
In any case, "evaluation" is just "curriculum approval" spelled backwards,
since any evaluation pre-supposes a specific curriculum and body of
knowledge. Again: who are we accountable to, Man, or God?
N.H.'s current law is, theologically speaking, a literal abomination.
It is a direct challenge to God's Lordship. He does not instruct us
to go along to get along in such matters. Our children are not
Caesar's that we should render them unto him.
Finally, our home education law burdens the local school districts
with administrative costs estimated by the department of education to
be approximately $500 per child per year. As the law imposes this
unfunded mandate upon local communities, which is specifically
prohibited by our state constitution, it is unconstitutional.
The reason we have bad legislation here in N.H. is because home
educators were manipulated and intimidated by the "take no risks, it's
best we can possibly expect, don't ruin it for the rest of us"
experts, like HSLDA. We were told we were "only a minority." We were
warned to support this compromised legislation lest home education be
outlawed entirely.
Our legislation wasn't initiated by "misguided" home educators, rather
it was a power grab by the N.H. Department of Education. One family
took advantage of (then-existing) local control by moving from one
town to another to escape lengthy litigation. Immediately, state
control became a "necessity" to the powers that be: it would ensure
"equity" for all home educators, the bill's proponents promised.
Terrified home educators with the "don't rock the boat" mentality
rallied to support this proposed legislation. HSLDA quickly flew to
N.H., even before the first public hearing was held, for a special,
private meeting with our legislature to help draft our new law. How
do I know? Because I had to sit and wait for a delayed public hearing
because HSLDA was still working over my legislators. New Hampshire
home educators waited while out-of-state HSLDA lawyers got to promote
their compromised legislation. Then HLSDA, along with the department
of education, urged home educators to form organizations "in order
to lobby" HARD for passage of their new bill. These compliant home
school organizers were given prestige and recognition by the
legislature for their "dedication and effort." It was a variation on
the classic Stalinist tactic of creating and controlling your own
opposition, thus co-opting and pre-empting any genuine resistance.
What was the outcome of the bill? It passed nearly unanimously, which
fact, by itself, is confirmation of how little we actually got
compared to what we could have gotten. *We were rolled by our own
side*. The new law gave the state complete control over home
education: the legislature had no problem with that. Home educators
who opposed the bill were ignored because the "don't rock the boat"
crowd obviously *desired* regulation. The legislature used the
excuses that: "Home educators are only a minority." "Nobody
understands home education." "Home educators need to trust the
legislature and Department of Education and work with them for the
best possible compromise." "Little by little people will come to
understand home education and we will get a better law." "This
proposal is probably the best home educators can reasonably expect at
the present time." GARBAGE.
N.H. home educators were conned by HSLDA into working for their own
demise. I overheard the bill's sponsor explain privately to another
legislator that his bill was worth supporting because: "We will be
able to litigate and win against homeschoolers, unlike the previous
regulations which were too vague and ambiguous for the courts." Many
N.H. home educators still do not realize that they were bamboozled,
nor just how much they lost in 1990 with "their" home education law.
HSLDA's help in this debacle was significant and very disturbing.
Parental rights are too important to be compromised. Our home
education community will continue to be divided against itself until
this problem is finally resolved. Home education differences surface
only when someone refuses to "behave" and insists upon "rocking the
boat." That is what I have done in New Hampshire for the past three
years since our HSLDA-endorsed legislation passed. My understanding is
that the extent one goes in defense of one's rights is still a
PERSONNAL, not COLLECTIVE, decision. The "go along to get along" crowd
has repeatedly told me that I shouldn't continue to defend my rights.
Every year when I initiate a bill, HSLDA issues bulletins to the local
home education groups to oppose my legislation by distorting the
intent and purpose of the bill. It seems HSLDA's lawyers are either
extremely stupid, or they simply oppose greater freedom for home
educators?
Politics is war, without the physical violence. It is what civilized
people do to effect change without resorting to arms. Do not
underestimate the importance of individual activism. Just because
previous efforts have failed doesn't mean everyone must give up, even
for the time being. I am in this for the long term. As we say here in
New Hampshire: Live Free or Die. There is no middle ground for
compromise.
Doris Hohensee
New Hampshire Alliance for Home Education
Message 13
Subject:
RE: reply to HSLDA and protection racket
Date:
Fri, 1 Oct 93 09:23:52 CST
From:
dlhanson@amoco.com
To:
home-ed-politics@mainstream.com
Doris Hohensee has given a concrete example of why I am bothered by
HSLDA's (I have the acronym right this time) approach. It is one of
compromise with convictions that are uncompromisable.
I still think that as a protector of INDIVIDUAL homeschool rights that they
are a valuable organization. Their attorneys are experts on homeschool
law who have done their research (I learned a lesson about hiring a
nonspecialist attorney a few years ago. To save a few dollars, I went to a
national legal chain with a real estate law problem. The lawyer that assigned
to me didn't know anything about Colorado real estate law. I could have
looked in the Statute books myself and saved $200.)
David
Message 14
Subject:
HSLDA
Date:
Fri, 1 Oct 93 19:43 GMT
From:
Scott Somerville
To:
HOME-ED
Responding to "HSLDA has used its considerable clout time and
again to establish laws that only they and a limited segment of
the home education community can live under."
As an attorney at HSLDA, I spent hundreds of hours last year
challenging Pennsylvania's home school law, even though that was
a law that HSLDA helped to draft and get passed. Maybe this is
two-faced, but it is something that lawyers are good at. We see
no problem, as lawyers, with first getting a law passed which is
better for home schoolers than the alternative, and then turning
right around and challenging "our" new law as unconstitutional.
One difference of opinion that I have with Doris, however, is
challenging a new law by going right back to the same legislature
within a very short time. A court is likely to strike down even
a new law as unconstitutional, but a legislature is much more
likely to take the opportunity to amend the new law by making it
worse.
Message 15
Subject:
Re: Scott Somerville of HSLDA
Date:
Mon, 4 Oct 93 10:53:13 WET
From:
doris (Doris Hohensee)
To:
home-ed-politics@mainstream.com
CC:
karen (Karen Peterson)
I appreciate Scott Somerville's frank acknowledgement that HSLDA does,
in fact, lobby on behalf of unconstitutional laws, then profits by
defending homeschoolers from the very same laws. With 38,000 families
requesting protection at $100 a year, that nets HSLDA 3.8 million
dollars. I guess Stocky Manville was correct in his assessment: this
type of protection is a racket.
Now, if I understand Mr. Somerville correctly, his only problem with me,
personally, is that I won't wait patiently for the *correct* time to fix
New Hampshire's HSLDA-approved unconstitutional law. I'm supposed
to wait for Scottie to lead me out of Egypt into the Promised Land.
I suppose I lack faith.
On a more practical level, Scott appears to believe, along with most
lawyers, that the solution to any problem is a court *order*. I
prefer to work through the people's representatives. In the long run
we must convince those same people of the rightness of our cause.
Using the courts to push them around solves nothing. Witness the
devisiveness and confrontation caused by 'liberal' use of the courts
to drive minority causes into the mainstream. Sorry to sound extreme,
but that way lies civil war. I think it's generally better to
persuade than to fight.
Doris Hohensee
New Hampshire Alliance for Home Education
Message 16
Subject:
Article about Michigan homeschooling case
Date:
Mon, 4 Oct 93 12:57 GMT
From:
Scott Somerville
To:
HOME ED POLITICS
Scott Somerville, reporting from HSLDA, regarding the article,
Michigan Home Schoolers Lose Teacher Certification Case.
First, our in-house joke about this article is that this author
would have reported the feeding of the five thousand as
"So-Called Messiah Fleeces Food Off Little Boy."
Second, the author appears to have a very heavy bias in favor of
traditional Christian schools, and seems offended that anyone
would think it was a "sin" to send a child to a good Calvinist
K-12 school.
Third, the author misunderstands the DeJonge's religious
convictions. He thinks (and, to be honest, half the court also
thinks) that the DeJonge's have some weird theological problem
with certified teachers, per se. Instead, their religious
convictions are that THEY must teach their own children. Since
they are not certified, that translates into a religious
conviction that it would be a sin to have a certified teacher (of
necessity, someone other than themselves) teach their children.
If the DeJonges belonged to some weird sect that was
anti-certification, the author would be right to call it a very
narrow victory. Instead, well over 90% of Michigan home
schoolers can claim the same constitutional right as the
DeJonges.
Now, for the remaining 10%, the DeJonge victory is still a big
step forward. The Department of Education is now required to
hold hearings before they "disapprove" a Michigan home schooler.
By the nature of a bureaucracy, we expect the Department to try
to come up with a very streamlined way of processing these
thousands of hearings. We do not expect this to be in any way
worse for secular home schoolers than the current system.
A final word for the purists, the "no-jurisdiction" faction, as
represented by Doris Hohensee and others on this list. The
DeJonge case in Michigan was a major victory, on constitutional
grounds, for those who can claim that God alone has jurisdiction
over their home school. Do you in the no-jurisdiction camp have
any objections to winning a case on First Amendment grounds, or
is that another form of compromise?
Message 17
Subject:
HSLDA
Date:
Mon, 4 Oct 93 13:47:30 WET
From:
karen (Karen Peterson)
To:
home-ed-politics@mainstream.com
Scott Sommerville of HSLDA writes:
Responding to "HSLDA has used its considerable clout time and
again to establish laws that only they and a limited segment of
the home education community can live under."
As an attorney at HSLDA, I spent hundreds of hours last year
challenging Pennsylvania's home school law, even though that was
a law that HSLDA helped to draft and get passed. Maybe this is
two-faced, but it is something that lawyers are good at. We see
no problem, as lawyers, with first getting a law passed which is
better for home schoolers than the alternative, and then turning
right around and challenging "our" new law as unconstitutional.
One difference of opinion that I have with Doris, however, is
challenging a new law by going right back to the same legislature
within a very short time. A court is likely to strike down even
a new law as unconstitutional, but a legislature is much more
likely to take the opportunity to amend the new law by making it
worse.
I reply:
Problems arise in the home-schooling populus because of groups such as
HSLDA. These people see themselves as the commisaurs of home-education
where they make the laws and then fight the battles.
Am I to understand that HSLDA comes into states, drafts bills
that are unconstitutional just because they are better than what
they think (there is that abstract term, again) we could possibly
get and then offers to protect you, for a fee, from those unconstitutional
laws until they FEEL (oops, another abstract and undefinable term)
the time is right to correct the law?
Who annointed this organization the commisaurs of Home Education?
Am I to live with a law, unconstitutional from its inception, because
some " out of state experts" waltzed into my legislature and drafted
their version of what home-schooling should be in New Hampshire?
Why did they convince all the people that that was the best they could
get and hopped the next plane out of state where they would not have to
subjected to the unconstitutionality of the law they helped to enact.
Why do they charge a fee for protecting these people against a law they
knew to be unconstituional? Why do they send bulletins to these people
every year misrepresenting the proposed legislation? Legislation which
would have corrected the unconstitutional areas of HSLDA's inept law.
It sounds to me like the author of "How to get rich in the protection
racket" was correct. This has now been established by an HSLDA
lawyer.
Am I to understand that I am not allowed to fight for my rights and to
introduce legislation that would remedy this UNCONSTITUTIONAL law,
because they have not given me permission. How long must we be denied
our rights? When is long enough?
Our law is 4 years old! Why do they insist on thwarting every effort?
It is to keep the home-educators of our state divided. It is the
divide and conquer trick used over and over again. If we are united
then we could go much further in getting a law which would benefit all
homeschoolers as it would ensure that all their rights were respected
and that the constitution was upheld with respect to the raising and
educating of their children. However, if our organization was that
strong we wouldn't need their services. It is to their benefit to keep
us divided. Thanks to the meddling of HSLDA we will forever be divided.
Divided we fall and We lose. In fact WE ALL LOSE!
The CLOCK IS TICKING...When is the time? Our Freedoms are at stake!
Karen Peterson
Parental Rights Association
New Hampshire
Message 18
Subject:
Article about Michigan homeschooling case
Date:
Mon, 4 Oct 1993 11:03:36 -0400
From:
craig (Craig Peterson)
To:
home-ed-politics@mainstream.com
A final word for the purists, the "no-jurisdiction" faction, as
represented by Doris Hohensee and others on this list. The
DeJonge case in Michigan was a major victory, on constitutional
grounds, for those who can claim that God alone has jurisdiction
over their home school. Do you in the no-jurisdiction camp have
any objections to winning a case on First Amendment grounds, or
is that another form of compromise?
I, personally, would love to win a case on First Amendment grounds
which would give a solid base for religious homeschooling. I
certainly don't belong in the "no-jurisdiction camp" as an athiest, as
I am deeply religious in nature. I do strongly believe that this
country's freedoms are given by God, and as such I would like to see
the courts and legislatures acknowledge that it is a parent's
fundamental right to raise and educate their children as they see fit.
As a general rule parents have the children's best interests at heart,
while those of a government can be in conflict with the individual
child's best interest. [Boy, could this be a long discussion.]
Craig.
Message 19
Subject:
Re: Scott Somerville of HSLDA -Reply
Date:
Mon, 4 Oct 93 17:28 GMT
From:
Scott Somerville
To:
HOME ED POLITICS
Okay folks, we now have a full-fledged dog-fight between two old
New Hampshirites. In the far corner, weighing in at (way too
much) and representing HSLDA, is Scott Somerville! (Cheers, loud
acclaim, hats in the air.) In the near corner, defending truth,
justice and the American way, is Doris Hohensee! (Shouts,
huzzahs, and general approval.) The bell rings, and they're
off...
But seriously folks. This is Scott, responding to Doris' last
shot. She says:
(1) "I appreciate Scott Somerville's frank acknowledgment that
HSLDA does, in fact, lobby on behalf of unconstitutional laws..."
Let's put this frank acknowledgment in perspective, by using a
very appropriate analogy. Consider a law which would prohibit
all abortions except for cases of rape and incest. If you
believe that personhood and life begin at conception (which I
do), then this is a law which deprives a small group of persons
of life without due process of law, in violation of the 14th
Amendment. This is an unconstitutional law. Would I lobby for
it? Yes, if it was the best I could do, because it would prevent
about 1,450,000 abortions each year.
This is pragmatism which Doris may find offensive. That is okay
with me -- I am not asking her to join HSLDA. But there are
people who DO want to join HSLDA, precisely because we are
pragmatically committed to keeping them out of jail and in their
homes, teaching their own kids. Our goal, here at HSLDA, is NOT
to change America's laws. Our goal is to defend each and every
one of our members to the absolute maximum of our ability.
(2) "With 38,000 families requesting protection at $100 a year,
that nets HSLDA 3.8 million dollars. I guess Stocky Manville was
correct in his assessment: this type of protection is a racket."
Guess what, Doris. We give out a lot of scholarships to families
too poor to afford our "racket." We provide discounts for local
support groups. We actively litigate hard cases, like single
Welfare moms fighting to keep their benefits, or the case we have
in Ohio right now, where the oldest child in the family has been
charged with the voluntary manslaughter of a younger sister. We
provide free assistance to divorce lawyers in an innumerable
number of custody cases, where the ex-husband wants to shut down
the home school so he can send his ex-wife back out into the work
force to cut down his own bills. We go to the mat for
handicapped home schoolers, too, which is a frightfully expensive
and seldom glamorous task. Now that Bill and Hillary are in
office, we are spending about 10% of our annual budget gearing up
to fight the Federal Government, too.
The main point is this: we make less money that Doris thinks, and
we spend a lot more than she supposes. Are we broke? No, for
which we routinely thank God.
Are we rich? I quit my job as a programmer, sold my house, and
went without income for three years while I went to Harvard,
taking my wife and five (then six) children) with me. I am being
paid about 60% of what I could get in the big-city job market.
If this is a for-profit protection racket, somebody is not doing
his job right!
(3) "On a more practical level, Scott appears to believe, along
with most lawyers, that the solution to any problem is a court
ORDER. I prefer to work through the people's respresentatives...
I think it's generally better to persuade than to fight."
Here, I can't figure out which side of the street Doris is
working. First she hammers me for being too pragmatic and
compromising, now she lauds herself for being such a persuasive
peacemaker. I might agree with her if I knew what she meant by
this last bit.
I hope the rest of you on the list don't mnind watching the
sparks fly. New Hampshire, home of the motto "Live Free or Die,"
has a reputation for fierce feistiness. If it gets too hot for
you flatlanders, just send us a note and we'll take this feud off
into a private corner.
Message 20
Subject:
HSLDA -Reply
Date:
Mon, 4 Oct 93 21:07 GMT
From:
Scott Somerville
To:
HOME ED POLITICS
Scott Somerville, of HSLDA, responding to an obviously hot topic:
Those families that want a lawyer to defend them within the
existing legal system tend to choose HSLDA. Those who want a
whole new legal system may not be satisfied with HSLDA's
services. If you want to blame the entire messed-up legal system
on me personally, I guess I can't stop you.
But please folks, don't impugn my motives. I am a lawyer who
defends home schoolers. I love what I do, and I am NOT getting
rich at it.