Posted on 07/03/2013 3:38:45 PM PDT by NYer
PURCELLVILLE, VA, July 2, 2013 (LifeSiteNews.com) - On June 26, the Department of Justice submitted a brief to the Sixth Circuit Court of Appeals stating Germany's laws that suppress religious homeschooling aim at promoting "tolerance" and are not grounds for claiming persecution.
Homeschooling is illegal in Germany under a law dating back to the Hitler era, and in recent years the country has become increasingly draconian in enforcing the law – removing children from their families, levying heavy fines, even sentencing homeschooling parents to jail. The German Supreme Court has stated that the purpose of the homeschool ban is to “counteract the development of religious and philosophically motivated parallel societies.”
The Justice Department's brief was filed in response to the Home School Legal Defense Association's (HSLDA) petition for rehearing en banc for the Romeike family, who fled Germany with their five children in 2008 after being fined and threatened with the loss of custody of their children. On one occasion the police even forcibly escorted the Romeike children to school.
The family was denied asylum earlier this year at the Obama administration's behest, after originally being granted it by Immigration Judge Lawrence O. Burman in 2010.
HSLDA's request for rehearing, filed on May 28, had said that the three-judge panel that heard the case in Cincinnati ignored critical evidence and failed to follow the established legal rules for asylum cases.
In its reply, the Justice Department asked the court to deny the petition for rehearing, claiming that the Romeikes were being prosecuted under generally applicable law and that there is no proof that Germany specifically targets religious homeschoolers. The HSLDA says this contradicts clear statements from the German High Court to the contrary.
The Justice Department further asserted that Germany's open opposition to the "development of religiously or philosophically motivated 'parallel societies'" is designed to create an "open, pluralistic society."
"Teaching tolerance to children of all backgrounds helps to develop the ability to interact as a fully functioning citizen in Germany," the brief states. "It is scarcely feasible, with those stated goals in mind, to tease from the opinion, a persecutory motive on the part of those who enforce the law."
The HSLDA contends that Germany's actions amount to persecution - a platform on which the Romeike family can claim asylum - and filed a reply to the Justice Department brief on June 28.
"Silencing the 'intolerant' to promote tolerance is not only illogical; it is antithetical to any theory of freedom of conscience," HSLDA said in the reply.
"Attorney General Holder is trying to seek dismissal of this case because he believes that targeting specific groups in the name of tolerance is within the normal legitimate functions of government," said Michael Farris, HSLDA founder and chairman. "This cannot be the ultimate position of the United States without denying the essence of our commitment to liberty. We're trying to provide a home for this family who would otherwise go back to facing fines, jail time, and forcible removal of their children because of their religious convictions about how their children should be educated. Why Attorney General Holder thinks that it is appropriate for any country to do this to a family simply for homeschooling is beyond me."
HSLDA Senior Counsel Jim Mason, who has worked closely with Farris on the case, said that he is hopeful that the full Sixth Circuit will take the case. "Since the Sixth Circuit asked the Justice Department to respond to our original petition, we know there is at least one judge who is interested in the case," he said. "Time will tell as to whether enough judges will want to hear it."
The Sixth Circuit could make a decision at any time to decide if it will hear the case en banc.
They should just say they are illegal aliens.
Problem solved.
Isn’t there a church that would hide them and give them sanctuary such as what is going on for the illegals coming in from Mexico? I would love to adopt the whole family. Isn’t there a way????
Such Draconian Measures coming to America soon via Core Curriculum.
This is an outrage. Why aren’t our senators and congressmen yelling about this, about the hypocrisy of Obama’s immigrant love-fest as he forces people legitimately seeking asylum from tolerance fascists to leave the country. So that drunk murderer in Mass can stay, but no to this family!
The Romeike parents are heros. Pray for a just settlement which will allow them to stay in this country.
Here in America the National Socialist Democrat Workers Party (Nationalsozialistische Democrat Arbeiterpartei, abbreviated NSDAP or simply the Nazi Party, or even more simply the Democrats) use strongarm tactics to remove Christianity from public view, populate the universities and newsrooms to rewrite history and propagandize the daily news, attack traditional cultural institutions like marriage, the nuclear family, and even the Boy Scouts, and personally destroy scientists and professors who do not toe the line with regard to Democrat Party doctrine on abortion, embryonic stem cells, the environment, and global warming.
Naturally, imposing rationed state-controlled health care on the masses, using murdered school children to push "gun control", threatening to suppress opposing opinion and free speech through a fairness doctrine, and using quasi-terrorist tactics to stonewall any attempt to roll back socialism (for example, legislators in Wisconsin fleeing the state with a clap on the back from Fuhrer Ubama in order to prevent a vote on pending legislation) perfectly fits the modus operandi of America's own 21st century Nazi party.
In other words, Americas Democrats are operating in EXACTLY the same way the original version of their party operated in Germany during the 1930s.
It’s almost as if they’re claiming that diversity breeds intolerance.
They could by and use a lot of artificial tanning lotion and buy Rosetta Stone’s Spanish course. Then immediately apply for welfare.
He is not intelligent enough.
Yep. Because that’s all this is really about-they’re educated, Christian, and worst of all, white. I can deduce this to be so, because Obozo has a pattern of preventing educated, Christian, but most of all, white, asylum seekers and other immigrants from being able to migrate here, such as the South African whites currently enduring genocide under Mandela’s ANC government in South Africa.
Ubama is a lazy moron. But he is not in charge, believe me.
Pure racism - Ohomo and Holder hate white people. Uneducated, criminal Mexicans that will vote rat are however A-OK.
The language that the JD is using to defend their position is truly chilling - this isn’t almost-tyranny or someday-may-lead-to-tyranny, this is the real deal.
Thanks NYer.
I agree! There must be some way to help this family. Obama is despicable.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.