Updates: Romeike and Pelletier Families

As my avid readers will know, I have been following the legal battles of two families very closely over the past year.  Both families have had an exciting week.

The Romeike Family

The Romeikes are from Germany, they petitioned the United States for asylum so they could have the freedom to homeschool their children.  Homeschooling is illegal in Germany due to a law put in place by Hitler in the 1900s.  For the background on this family please see my article: Why Should We Care About the Romeike Family?

Early this week the Romeikes’ legal petition for asylum received a death blow.  Their petition had been denied by a lower court and they were waiting to hear if the United States Supreme Court would hear the case.  The US Supreme Court denied this request early this week feeling it was not important enough to be heard by them.  The next day, the Department of Homeland Security contacted the legal team for the Romeike family and informed them that they could stay in country indefinitely even though the court had ruled against them.

I am thrilled for this family and so grateful that they can stay in the United States and school their children in accordance with their beliefs.  However, I do not believe we have seen the last of these stories.  There is a reason the government pursued this case to the extreme that it did.  In my opinion, they were looking for a precedent to be set that homeschooling is not a basic human right. 

I am beyond disappointed that the US Supreme Court decided this case was not important enough to review.  I believe passionately that homeschooling is a right and that the Court should have been willing to hear this case and rule that the determination of what is proper education for the children is an undeniable right of their parents.

Interestingly, the US Supreme Court decided this week that it would hear the case of a convicted murderer, who is petitioning the court for the right to keep his beard, which would disobey the rule of the prison.  He states that the prison rule violates his religious freedoms as a Muslim.  I am not trying to say that this case isn’t worthy of the notice of the US Supreme Court, but I don’t understand how Christians petitioning asylum to homeschool their children, stating religious persecution from their home country is somehow less worthy of the Court’s attention.

I fully expect to see more persecution of US homeschooling families in the future; the current administration appears to be hostile to the rights of homeschoolers.  Constant vigilance has been the key to survival for the homeschooling community since I became an active part of it in the 1990s.  I will remain vigilant and I encourage everyone else to do the same.  The evidence is on the side of homeschoolers, who regularly outstrip public school students in education level and (though it is hotly debated) social skills.

The Pelletier Family

The Pelletier family has been fighting for the return of their daughter Justina, who is currently in the custody of the Massachusetts Department of Children and Families.  For back ground info on this case please read: Hospital vs. Parent, The Pelletier Family v. Boston Children’s Hospital, and Pelletier Opinion Pieces: Best and Worst.

After the recent public outcry the judge (same judge as before) has decided to allow Justina to return to her original medical team at Tufts.  Also, the Department of Children and Families has dropped the contempt of court charges on Lou Pelletier for breaking the gag order.  This is a positive step, but this battle will not be over until Justina is returned to the custody of her parents.  Massachusetts Department of Children and Families is also trying to transfer her to the custody of the Connecticut Department of Children and Families, at this point Connecticut is refusing to accept this transfer.  There are also at least a dozen Connecticut legislators that have become involved in this case on the side of the Pelletier family.

The decisions in this case disturb me as well.  Don’t get me wrong, I am thrilled that she is being transferred back to her original doctors at Tufts.  However, If the judge was so convinced that the Pelletiers, as well as the team at Tufts, were abusing this girl, why did his opinion change so quickly once the public became aware and involved in the case? 

He was sure enough to retain state custody of Justina for 13 months and the only recent change has been the public’s involvement and interest in the case.  Call me old fashioned, but I don’t think the 6^th amendment involves the judge changing his mind based on public outcry.  If the transfer to Tufts is in the child’s best interest (what the judge is supposed to be deciding) why did it take 13 months and massive public pressure for the decision to be made.

I was glad to hear that some media outlets still plan to follow this story closely and investigate the Massachusetts Department of Children and Families and Boston Children’s Hospital for ulterior motives, and wrong doing in this case.  I will continue to follow this story as well.