The Royal "We": Activist NJ Court Tries to Legislate Homeschooling Policy

[stephanie]

This is pretty scary..
New Jersey judges who legislate from the bench are giving Massachusetts judges (and German jack boots) a run for their money. In a troubling divorce case last week, a Newark family court judge ordered penal charges against a mom merely because she homeschools her children, with no evidence of neglect or even of poor performance, and even though New Jersey law explicitly protects the right to homeschool free from government interference.

The court’s opinion is a judicial temper tantrum. The judge wails that New Jersey law doesn’t fit his idea of what the law should be. Not only does New Jersey not require government monitoring and testing of homeschoolers, the state gives public schools no legal authorization to do so (despite attempts to change the law).

But to an activist judge, clear law is no obstacle. The court is "shocked" (shocked!) that state law prohibits government meddling in homeschooling. "In today’s threatening world, where we seek to protect children from abuse, not just physical, but also educational abuse, how can we not monitor the educational welfare of all our children?" Note the collective "we" (or, if you prefer, the royal "we"). No matter that "We the People" have spoken through their elected representatives in Trenton. No matter that the values imposed by the court just happen to be those held by elitists in nearby Manhattan. "We" could not conceivably tolerate a system that disagrees with this judge. The court’s opinion seethes with contempt for parental primacy in education, for large religious families, and for the democratic process itself. Instead of legal reasoning, the court disgustingly showcases the prospect of children "found unfed and locked in a putrid bedroom."

The rest and some comments at..
http://www.constitutionallycorrect.c...03/06/340.aspx

[KitchenKitten99]

This is pretty scary..
New Jersey judges who legislate from the bench are giving Massachusetts judges (and German jack boots) a run for their money. In a troubling divorce case last week, a Newark family court judge ordered penal charges against a mom merely because she homeschools her children, with no evidence of neglect or even of poor performance, and even though New Jersey law explicitly protects the right to homeschool free from government interference.

The court’s opinion is a judicial temper tantrum. The judge wails that New Jersey law doesn’t fit his idea of what the law should be. Not only does New Jersey not require government monitoring and testing of homeschoolers, the state gives public schools no legal authorization to do so (despite attempts to change the law).

But to an activist judge, clear law is no obstacle. The court is "shocked" (shocked!) that state law prohibits government meddling in homeschooling. "In today’s threatening world, where we seek to protect children from abuse, not just physical, but also educational abuse, how can we not monitor the educational welfare of all our children?" Note the collective "we" (or, if you prefer, the royal "we"). No matter that "We the People" have spoken through their elected representatives in Trenton. No matter that the values imposed by the court just happen to be those held by elitists in nearby Manhattan. "We" could not conceivably tolerate a system that disagrees with this judge. The court’s opinion seethes with contempt for parental primacy in education, for large religious families, and for the democratic process itself. Instead of legal reasoning, the court disgustingly showcases the prospect of children "found unfed and locked in a putrid bedroom."

The rest and some comments at..
http://www.constitutionallycorrect.c...03/06/340.aspx

funny how they want to paint this picture, yet homeschooled kids excel far better and faster than the regular schooled kids. The best example I know of a homeschooler who has succeeded far beyond expectations of any new jersey court is Emerson Spartz. A Notre Dame student who is the founder/owner of Mugglenet.com. Article (lists his accomplishments thru 8/2005) on his achievements: http://newsinfo.nd.edu/content.cfm?topicid=12783
What it doesn't list is his latest (also a combined effort between a few of the site's staff) achievement: author of his own book, "What Will Happen in Harry Potter 7" listing predictions and odds of certain characters making it through the last one. On 2/18 the book is reviewed by the New York Times, and later selected as an Editor's Choice. On 2/25: The book entered the New York Times Children's Paperback Bestseller List at #4, with only Bridge to Terabithia, High School Musical, and Eragon selling more copies.

not bad for a homeschooler...

[Nienna]

WHAT? What IS "educational abuse"?????

Lord Jesus, Come soon!

[Abbey Marie]

Great find, Stephanie. NJ is the one of themost liberal states judicially; has been for a long time. The "bench" is no more liberal now, they are just more emboldened. Though this is a state case, God help us if we have a Dem President appointing yet more activist Federal judges.

[avatar4321]

WHAT? What IS "educational abuse"?????

Lord Jesus, Come soon!

Educational abuse is parents refusing to teach the communist propaganda liberal judges like the ones making the decision have worked hard to push onto schools.

[Nienna]

This part is particularly revolting...

"it is necessary to register [homeschooled] children . . . and to monitor that their educational needs are being adequately nurtured."

Because, obviously, parents aren't as capable as the GOVERNMENT at nurturing children. No mother's touch could COMPARE to the gentle ministrations of a government bureaucracy.

[Nienna]

Educational abuse is parents refusing to teach the communist propaganda liberal judges like the ones making the decision have worked hard to push onto schools.

I was prepared for "religious abuse," but educational abuse???