NH Supreme Court: homeschooled girl must
go to public school against mom’s wishes
by John-Henry Westen
CONCORD, NH, March 17, 2011 (LifeSiteNews.com) - The New Hampshire Supreme Court upheld a lower court order Wednesday that sided with the father of a homeschooled student and forced her into a government-run school against her Christian mother’s wishes.
Alliance Defense Fund (ADF) attorney John Anthony Simmons, who represented the mother, who is divorced from the father, argued that the burden of proof was on the father to prove harm in order to change the schooling arrangement. Because no harm was demonstrated and the girl was acknowledged to be academically superior and socially interactive, even by the court, Simmons argued that the homeschooling arrangement should not have been changed.
However, in the original order issued in July 2009, Judge Lucinda V. Sadler 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.”
“Parents have a fundamental right to make educational choices for their children,” responded Simmons. “Courts can settle disputes, but they cannot legitimately order a child into a government-run school on the basis that her religious views need to be mixed with other views. That’s precisely what the lower court admitted it was doing.”
“The lower court held the Christian faith of this mother and daughter against them,” Simmons said. “Unfortunately, the Supreme Court bypassed this issue and wrote this off as a ‘parent versus parent’ issue without recognizing the very real underlying threat to religious liberty.”
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