Date: Fri, 4 Sep 2009 09:03:40 -0700
From: [email protected]
Subject: Re: [CCCC-USA] NH court orders home-schooled child into government-run 
school
To: [email protected]






WELCOME TO THE WORLD OF GOVERNMENT INTERFERENCE IN THE FAMILY
  The daughter rigorously defended her mother's religion?  NOT HER OWN?  
Doesn't the US Constitution require the State NOT to establish anything on 
RELIGIOUS basis? 
  I agree, the court definitely bit the big one here, and if left to stand, the 
PRECEDENCE would be scary.  Hopefully, they in NV (North Virginia, the 
originally requested name for NH)can regain their RIGHTS and receive JUSTICE.  
If not, time to get new courts.  
  This brings the total, imo, to TWO States that have violated the people's 
trusts.

--- On Thu, 9/3/09, pcastora <[email protected]> wrote:


From: pcastora <[email protected]>
Subject: [CCCC-USA] NH court orders home-schooled child into government-run 
school
To: [email protected]
Cc: [email protected], [email protected]
Date: Thursday, September 3, 2009, 10:08 PM


  




http://www.alliance alert.org/ 2009/09/03/ the-divided- house-in- 
new-hampshire- home-school- ruling/
 
 

The “divided house” in New Hampshire home school ruling



Joseph Bottum, writing at First Things: “A divorced couple’s irreconcilable 
differences make what seems a very bad occasion for legal decisions with 
serious First Amendment implications . . . The Alliance Defense Fund has more 
information on the case, but consider just the court’s disposition, on its own 
terms: Without any expert testimony as to whether the status quo was causing 
‘actual harm’ to the child—the standard, applicable criterion for deciding in 
favor of change in such cases—Judge Sadler decided that the daughter’s best 
interests were served by removing her from an academically sound home-schooling 
regimen with the mother and placing her in the public-school setting preferred 
by the father.”
http://www.alliance defensefund. org/news/ story.aspx? cid=5050
 

NH court orders home-schooled child into government-run school ADF-allied 
attorney files motion to reconsider and hold off decision in case involving 
10-year-old girl
Wednesday, August 26, 2009, 1:45 PM (MST) | 
ADF Media Relations | 480-444-0020






  















 


LACONIA, N.H. — An Alliance Defense Fund allied attorney filed motions with a 
New Hampshire court Monday asking it to reconsider and stay its decision to 
order a 10-year-old home-schooled girl into a government-run school in Meredith.

Although the marital master making recommendations to the court agreed the 
child is “well liked, social and interactive with her peers, academically 
promising, and intellectually at or superior to grade level” and that “it is 
clear that the home schooling... has more than kept up with the academic 
requirements of the...public school system,” he nonetheless proposed that the 
Christian girl be ordered into a government-run school after considering “the 
impact of [her religious] beliefs on her interaction with others.”  The court 
approved the order.

“Parents have a fundamental right to make educational choices for their 
children.  In this case specifically, the court is illegitimately altering a 
method of education that the court itself admits is working,” said ADF-allied 
attorney John Anthony Simmons of Hampton.  “The court is essentially saying 
that the evidence shows that, socially and academically, this girl is doing 
great, but her religious beliefs are a bit too sincerely held and must be 
sifted, tested by, and mixed among other worldviews.  This is a step too far 
for any court to take.”

The parents of the child divorced in 1999.  The mother has home-schooled their 
daughter since first grade with curriculum that meets all state review 
standards.  In addition to home schooling, the girl attends supplemental public 
school classes and has also been involved in a variety of extra-curricular 
sports activities.

In the process of renegotiating the terms of a parenting plan for the girl, the 
guardian ad litem involved in the case concluded, according to the court order, 
that the girl “appeared to reflect her mother’s rigidity on questions of faith” 
and that the girl’s interests “would be best served by exposure to a public 
school setting” and “different points of view at a time when she must begin to 
critically evaluate multiple systems of belief...in order to select, as a young 
adult, which of those systems will best suit her own needs.”

Marital Master Michael Garner reasoned that the girl’s “vigorous defense of her 
religious beliefs to [her] counselor suggests strongly that she has not had the 
opportunity to seriously consider any other point of view” and then recommended 
that the girl be ordered to enroll in a government school instead of being 
home-schooled.  Judge Lucinda V. Sadler approved the recommendation and issued 
the order on July 14.

“The New Hampshire Supreme Court itself has specifically declared, ‘Home 
education is an enduring American tradition and right...,’” said ADF Senior 
Legal Counsel Mike Johnson.  “There is clearly and without question no 
legitimate legal basis for the court’s decision, and we trust it will 
reconsider its conclusions.”

Simmons filed his motions and supporting brief in the case In the Matter of 
Kurowski and Kurowski (Voydatch) with the Family Division of the Judicial Court 
for Belknap County in Laconia.

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