Homeschooling: A Fundamental Human Right?

February 19, 2013 By Thomas Kidd 17 Comments


A remarkable political asylum case has raised questions about whether the U.S. government should defend the right of families to homeschool. The case concerns the Romeike family of Germany, where homeschooling is illegal, and where families who attempt to homeschool their children can face heavy fines and even have their children taken from them. An American immigration judge granted the Romeikes political asylum in 2010, but the Obama Justice Department has been working to overturn their asylum status and have them returned to Germany. Administration lawyers say that the German law does not represent any kind of specific religious discrimination (which would warrant asylum), but only a general legal requirement that all children attend public or state-supervised schools. Thus, in the administration’s view, German authorities punish families like the Romeikes not because they are Christian homeschoolers, but because their children are not attending a governmentally-sanctioned school.

I understand that this issue is more complex than whether Attorney General Eric Holder likes homeschooling or not. And I very much hesitate to designate a political good as a “fundamental human right,” because such notions have become distended and overused in modern American politics. Furthermore, it is not “homeschooling,” per se, that is a fundamental human right. What is fundamental, however, is the right of parents to raise their children according to their consciences, without interference from the state. The Obama adminstration hopefully has no inclination to infringe upon this right in America, but in this case they obviously have more sympathy for Germany’s rigid education policy than the rights of parents, including parents of dissenting religious sensibilities.

The effect of Germany’s law (which, thankfully, is almost unique in western Europe) is to ban parents from taking primary responsibility for educating their children. The most common reason parents would want to do that is religious conviction. This is certainly the case with the Romeikes, so they deserve political asylum as refugees from religious persecution by the government of Germany. Other German Christian homeschoolers have already been fined, and even jailed, for acting according to their conscience with regard to schooling, and the Romeikes can reasonably expect similar treatment if the Obama administration forces them to return. Reasonable fear of such persecution is clear justification for political asylum.

For more coverage, see

Joseph Knippenberg, “Federal Government Tries to Block Homeschooling Refugees,” First Things

Mary Jackson, “Christian homeschoolers losing deportation fight,” WORLD Magazine

Napp Nazworth, “Homeschooling Not a Fundamental Right, Justice Dept. Argues,” Christian Post

Joe Carter, “Homeschooling Not a Fundamental Right Says Justice Department,” Acton Institute

Michael Farris, “Sobering Thoughts from the Romeike Case,” Home School Legal Defense Association, which is representing the Romeikes

Rod Dreher, “Romeikes as Canaries in Coal Mines,” American Conservative

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