The political asylum case of the Romeike family was detailed in the article German Homeschooling Family Seeks Asylum in U.S.
On January 26, 2010 immigration Judge Lawrence O. Burman granted the political asylum application of the Romeike family, German homeschoolers fleeing persecution in their country. The Homeschool Legal Defense Association (HSLDA) reports the judge said that "We can't expect every country to follow our Constitution... However, the rights being violated here are basic human rights that no country has a right to violate.”
Ruling has International Implications
In a ruling in which he called the German Government's persecution of the Romeike's "odd" and "just plain silly", HSLDA reports that judge Burman added, “Homeschoolers are a particular social group that the German government is trying to suppress. This family has a well-founded fear of persecution…therefore, they are eligible for asylum…and the court will grant asylum.”
There are hundreds of homeschooling families still living in Germany. If Germany continues its persecution of homeschooling, these families may also flee to the United States and petition for political asylum as the Romeike's did.
HSLDA Says Ruling Embarrassing for Germany
Mike Donnelly, director of international relations for HSLDA said in a statement on the HSLDA website, “It is embarrassing for Germany, since a Western nation should uphold basic human rights, which include allowing parents to raise and educate their own children. This judge understood the case perfectly, and he called Germany out. We hope this decision will cause Germany to stop persecuting homeschoolers." He notes that “This decision finally recognizes that German homeschoolers are a specific social group that is being persecuted by a Western democracy.”
Germans who homeschool their children have reason to be concerned about persecution for their choice. German courts have ruled that homeschooling creates a parallel society which needs to be eliminated.
“There is no safety for homeschoolers in Germany,” Donnelly said. “The two highest courts in Germany have ruled that it is acceptable for the German government to ‘stamp out’ homeschoolers as some kind of ‘parallel society.’ The reasoning is flawed. The fact is that homeschoolers are not a parallel society. Valid research shows that homeschoolers excel academically and socially. German courts are simply ignoring the truth that exists all over the world where homeschooling is practiced. They need to look beyond their own borders.”
Germany allows parents who have jobs which require them to travel to homeschool, but homeschooling is prohibited for parents who want to for other reasons. The highest criminal court said in the Paul-Plett case in 2006 that the government was allowed to take custody of children whose parents want to homeschool for reasons of conscience.
HSLDA Attorney Challenges Ideology of German Homeschooling Policy
“It is ridiculous for German courts to say that homeschooling is allowed if you have practical reasons but disallowed if you have conscientious reasons,” Donnelly continued. “This is simply about the German state trying to coerce ideological uniformity in a way that is frighteningly reminiscent of past history. Homeschooling is a growing social movement all over the world, and the Germans want to stamp it out based on a fabricated notion that homeschoolers are a ‘parallel society.’"
Donnelly goes on to say, "Germany’s treatment of homeschooling families is worthy of condemnation from the international community. I am proud that a United States immigration judge recognized the truth of what is happening in Germany and has rendered this favorable decision for the Romeike family.”
Romeike Family Reaction
The Romeikes expressed relief when they heard the decision. In a statement released by their attorneys, Uwe Romeike said, “We are so grateful to the judge for his ruling. We know many people, especially other German homeschoolers, have been praying for us. Their prayers and ours have been answered. We greatly appreciate the freedom to homeschool we now have in America and will be building our new life here."
Homeschooling activists in Germany hope the ruling will result in new policies which will allow families to homeschool without fear of prosecution and possible removal of their children by the state. While the Romeike family may now homeschool without fear of persecution, there are many families who continue to homeschool in Germany.
An unidentified board member of a German homeschooling rights group said via the HSLDA release, "A decision on behalf of the Romeikes puts blame on the German government and is a serious warning to Germans officials to change their policies and further accept the rights of the parents. We hope that the decision will send a clear message to authorities in Germany to make changes right away!”
For more information on the legal status of homeschooling in the United States and abroad contact the Homeschool Legal Defense Association.
Laura Holst - Laura Holst is a substitute teacher and writer. She is a member of the Society of Children's Book Writers and Illustrators and is ...
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