California Senator Says “Hearsay” Is a Reliable Indicator of Child Abuse

Philippines: Constitution forbids sex education in schools, senatorial bet claims

Spanking May Make a Child More Aggressive

Homeschoolers vs. United Nations: Who will survive?

UK: “Dismay greets loss of sex education reform”

AZ: Judge Upholds Family’s Right to Day in Court

    HSLDA: “In a federal lawsuit filed March 3, 2006, and reported earlier in the Home School Court Report, HSLDA sued two child protective service workers who showed up at the Loudermilk family’s door, accompanied by numerous sheriff’s deputies, two months after an anonymous tipster had reported the family . . . The state argued that the family had voluntarily allowed the investigators into the home—an assertion that ignores the fact the social worker had said the Loudermilk children would be removed for 72 hours if the parents did not permit entry! . . . ”


  • Posted: 04/07/2010
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  • Category: Marriage & Family
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  • Source: www.hslda.org

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Alaska Pro-Abortion Groups Appeal Ruling on Parental Notification Prop

Law Review: In Defense of the Constitutionality of Critically Discussing Religion and Ethics in Schools in Light of Free Exercise and Parental Rights

    Michael Young, In Defense of the Constitutionality of Critically Discussing Religion and Ethics in Schools in Light of Free Exercise and Parental Rights (2009). Ohio State Law Journal, Vol. 70, p. 1565, 2009. Available at SSRN: http://ssrn.com/abstract=1584202

    “This paper assesses whether a state could constitutionally mandate the critical discussion of religion and ethics in schools in a way that did not exempt religious objectors from participating. Such broadly critical courses have been proposed by numerous others; and such proposals and courses frequently meet protest from (especially fundamentalist) religious parents fearing an attempt to undermine their children’s particular religious faith. Imagining that a state mandated participation in a course of ‘Critical Discussions,’ and attempting to take up the strongest imagined form of such a religious challenge, this paper concludes that the legitimate interests of the state in promoting skills of open discourse (and especially on ethical and religious topics) argues conclusively against any First Amendment or parental rights (14th amendment) need for religious exemptions from mandatory participation.”


  • Posted: 04/06/2010
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  • Category: Religious Liberty
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  • Source: ssrn.com

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UK: Couples who pay surrogate mothers could lose right to raise the child

Ohio Christian convert fights to stay in US

Supreme Court May Hold Key for Vaccine Foes

IL: Give abortion notification law chance to work

“What If Joey Has Two Daddies?”?

    William C. Duncan writes at the Ruth Institute Blog: “A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit recently issued an opinion ordering the State of Louisiana to issue an amended birth certificate for a child born in Louisiana but listing as the child’s parents two men . . . The implications of these errors are significant. The decision clearly dilutes the crucial constitutional concept of ‘interstate pluralism, in Professor Jeffrey Rensberger’s phrase. It allows judges to substitute their judgments of law for the valid actions of legislators and administrative officials charged with making and enforcing a State’s law. It threatens to create a new national standard of parenting whereby a couple can force an unwilling State to participate in their project of acquiring a legally motherless or fatherless child.”


  • Posted: 03/30/2010
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  • Category: Marriage & Family
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  • Source: www.ruthblog.org

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Illinois Pro-Lifers Get a Court Victory

Parents sue Spain over mandatory course material

IL: Cook County judge tosses abortion lawsuit

Catholics sue Spain over sex education classes

Classroom sex images, Christian-bashing draw lawsuit

305 parents, children sue Spain over anti-Christian education

Washington: Mother furious after in-school clinic sets up teen’s abortion

Law Review: Incubator or Cultivator: Defining the Role of the Surrogate

    Browne C. Lewis, Incubator or Cultivator: Defining the Role of the Surrogate (March 16, 2010). Cleveland-Marshall Legal Studies Paper No. 10-187. Available at SSRN: http://ssrn.com/abstract=1572887

    “The availability of reproductive technology makes it possible for one woman to supply the genetic material to create the child and another woman to gestate and give birth to the child. This division of labor has required courts to have to adjudicate maternity. A few state legislatures have enacted statutes designating the legal mother of a child conceived as the result of a surrogacy arrangement. In other jurisdictions, the courts must decide whether the surrogate or the contracting woman should be recognized as the child’s legal mother. In order to accomplish that purpose, courts have relied upon several different tests. As a result, the woman who gives birth may be deemed the legal mother in one state. In another jurisdiction, the woman who contributes the genetic material used to create the child may be adjudicated as the legal mother. These conflicting results are not in the best interests of the child, the contracting couple or the surrogate.”


  • Posted: 03/24/2010
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  • Category: Sanctity of Life
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  • Source: ssrn.com

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Law Review: “Parental Consent Policies for School Club Participation Aimed at Gay-Positive Student Groups”

    Of Permission Slips and Homophobia: Parental Consent Policies for School Club Participation Aimed at Gay-Positive Student Groups
    Ian Vandewalker, 19 B.U. Pub. Int. L.J. 23 (2009)

    “Gay-positive student groups, often called ‘Gay-Straight Alliances’ (‘GSAs’), have become more and more common in the nation’s high schools in recent years. They are a way for all students to show their commitment to equality and their acceptance of others, regardless of their sexual orientation. They may also function as a support group for gay, lesbian, bisexual, and questioning youth trying to come to terms with the intolerance they face from peers, family members, and their broader communities. The need for such support is vividly shown by the strident opposition from parents and social conservatives that often accompanies students’ efforts to form GSAs. One way schools react to attempts by students to form such clubs is by requiring that parents consent before students can participate in school clubs. These parental consent policies are facially evenhanded in that they apply to all clubs and do not single out GSAs. The context of their adoption, however, usually reveals that they are uniquely directed at the gay-positive groups, whose founding motivated the policies. Despite their evenhandedness, parental consent policies can be challenged under the federal Equal Access Act of 1984, which requires that student groups get ‘equal access’ to school resources.”


  • Posted: 03/24/2010
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  • Category: Marriage & Family

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German Homeschooling Family Seeks Asylum in Canada

Justices to Weigh Law on Gaining Citizenship via Parents

Judge plans to rule later this month in Illinois’ abortion parental notification case

Alaska verifies signatures for parental consent abortion initiative

LA: Court Says Non-Custodial Parent May Share Religion With Child

Group Attempts to Entrench Parental Rights

Swedish family continues fight for son

“Should children have the right to die?”

    Jacob M. Appel writing at the Huffington Post: “Unfortunately, much less attention has been paid to efforts to hasten the deaths of pediatric patients who lack any hope of recovery. That is why advocates for children should welcome an impressive study, published this week in the Archives of Pediatrics & Adolescent Medicine, which revealed a considerable interest in euthanasia among the surviving parents of children who had died from cancer. In interviews with 141 such parents, Dr. Veronica Dussel and her colleagues found that greater than 10% considered hastening their children’s deaths, and that at least three families believed that physicians had expedited the deaths of their children in direct response to their requests.”


  • Posted: 03/03/2010
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  • Category: Sanctity of Life
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  • Source: www.huffingtonpost.com

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Homeschool legal giants intervene in Sweden state abduction of homeschooler

Ohio Muslim-to-Christian teen convert in court

N.H. House to Vote on Parental Rights Amendment

State takes custody of 7-year-old over homeschooling

AP: “1 in 4 parents buys unproven vaccine-autism link”

Judge Grants Asylum to German Home Schoolers

UK: “Home-schooled children said more at risk”

Finnish Court Imposes Damages on Parents for Son’s Circumcision Without Anesthetic

Washington Supreme Court clarifies standard for nonparental custody petitions

    In re Custody of: E.A.T.W. and E.Y.W., No. No. 81945-9 (Wash. Feb. 25, 2010)

    J.M. JOHNSON, J. — Vito and Yasuko Grieco brought a nonparental custody action for permanent custody of their two grandsons, E.A.T.W. and E.Y.W., under chapter 26.10 RCW. The superior court found adequate cause to proceed to a hearing on the Griecos’ petition based solely on the boys In re Custody of Wilson, No. 81945-9 being in the Griecos’ custody for several years. Sachi Wilson, the boys’ father, argues RCW 26.10.032 also requires the Griecos to set forth facts establishing cause for an order on the merits before any hearing may occur.

    We hold that RCW 26.10.032 requires a superior court judge to deny a hearing on a motion for a third party custody order unless the nonparent submits an affidavit (1) declaring the child is not in the physical custody of one of its parents or neither parent is a suitable custodian and (2) setting forth facts supporting the requested custody order. The facts supporting the requested custody order must show adequate cause that the parent is unfit or that placing the child with the parent would result in actual detriment to the child’s growth and development. We remand to the superior court for an adequate cause determination based on the correct legal standard.


  • Posted: 02/25/2010
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  • Category: Marriage & Family
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  • Source: www.courts.wa.gov

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Alaska court hears challenge to parent notification ballot initiative

Virginia Court of Appeals rules again Miller v. Jenkins, child custody case

California: Mom must share custody with ex lesbian partner

UK: Children and schools bill passes final stages in Commons

Further Legal Action Being Explored in Swedish Homeschooling Case

Melanie Phillips: Mr. Balls’s secular Inquisition

UK columnist: Ban faith schools

Dennis Prager: “Government, Yes! God and Parents, No!”

UK: Choice threatened by Whitehall sex ed grab

Lawsuit to bring Swedish homeschooling case before Human Rights Court

Indiana Court of Appeals: Surrogate not necessarily legal mother

    NWI Times: “A husband and wife who had their embryo implanted into a surrogate, who then gave birth to their child, moved one step closer to getting the wife named the legal mother rather than the surrogate. The Indiana Court of Appeals on Wednesday reversed a Porter Circuit Court decision that denied the husband and wife’s petition to establish maternity on behalf of the wife, who they say is the biological mother even though a different woman gave birth. The woman who carried the child, the wife’s sister, supports the wife’s petition to be named mother.”


  • Posted: 02/18/2010
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  • Category: Marriage & Family
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  • Source: nwitimes.com

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PA school district using school-issued laptop webcams to spy on students

Law Review: Allowing States to Balance the First Amendment with Parents’ Rights to Privacy and Sovereignty in the Home

    Internet Child Protection Registry Acts: Protecting Children, Parents and . . . Pornographers? Allowing States to Balance the First Amendment with Parents’ Rights to Privacy and Sovereignty in the Home
    Samuel D. Castor, 59 Cath. U. L. Rev. 231 (2009)

    “This Comment evaluates states’ role in the tug-of-war between governments attempting to help parents protect children from unwanted, and potentially harmful, electronic communications and the First Amendment, which prohibits Congress from abridging a person’s freedom of speech.”


  • Posted: 02/18/2010
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  • Category: Miscellaneous

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“Leaked Document: No Opt-Out for Children from Pro-Gay Classes in Ontario Schools”

Contempt Charged As Father Violates TRO On Daughter’s Religious Training

“Unprecedented” Threat to Parental Rights in Poland

Law Review: Balancing Civic Values and Parents’ Free Exercise Rights

    Balancing Civic Values and Parents’ Free Exercise Rights
    Darryn Cathryn Beckstrom, 45 Gonz. L. Rev. 149 (2010)

    “Federal courts, legal scholars and parents alike are currently debating the presence of controversial topics in public school curricula, including topics related to homosexuality and sex-education, and whether such topics are suitable for young children. Parents increasingly claim the teaching of controversial topics in the classroom violates their free exercise rights under the First Amendment. These parents experience varied success in federal courts when seeking relief under such a claim. This Article attempts to balance the state’s interest in inculcating students with civic values and parents’ right to control the religious upbringing of their children. While the state should promote the inculcation of civic values, the state must be careful to prevent values indoctrination. Parents should have some control over their child in the public school realm in order to uphold the values of self-governance and limited government in a liberal democracy and pluralistic society. This Article defines and evaluates values indoctrination, a legal theory that is underdeveloped in the Free Exercise Clause jurisprudence. This Article argues that courts should permit parents, when raising a free exercise claim, to contend that values indoctrination in public schools places a burden on their free exercise rights, therefore allowing them to meet the threshold requirement for raising a free exercise claim. When this occurs, society can uphold both the interests of the state and parents.”


  • Posted: 02/16/2010
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  • Category: Religious Liberty

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Unprecedented threat to parental rights in Poland

No opt-out for children from “pro-gay” classes in Ontario schools

Ireland: Over two-thirds of GPs favor contraception for teens

Law Review: The Constitutionality of Teacher Certification Requirements for Home-Schooling Parents

    The Constitutionality of Teacher Certification Requirements for Home-Schooling Parents: Why the Original Rachel L. Decision was Valid
    Haley J. Conard, 2 Drexel L. Rev. 206 (2009)

    “This Note argues that, had the Court of Appeal retained its original interpretation, a requirement that parents must be certified by the state to teach their children at home would, in most circumstances, withstand a constitutional challenge. The Note first presents the two decisions of the California Court of Appeal and the reasoning behind each. The Note then examines the origins and development of parental rights over education stemming from Meyer v. Nebraska and Pierce v. Society of Sisters, arguing that these precedents grant parents less than an absolute, fundamental right to direct all aspects of their children’s education, both in traditional and home-school contexts. Further, the Note argues that challenges to certification requirements for home-schooling parents would withstand rational basis review, as the requirements are rationally related to legitimate state interests in education.”


  • Posted: 02/10/2010
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  • Category: Religious Liberty

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Maryland: “Students, ACLU Demand Harford County Schools Stop Censoring Educational Web Sites On LGBT Issues”

Home ed registration “not a good use of public money”

Oregon Jury Convicts Parents In Faith Healing Death

“German homeschoolers’ political asylum in America exposes the EU Gulag”

Judge Gives Miller 30 Days to Transfer Daughter to Former Lesbian Lover or Face Arrest

Rifqa Bary’s Parents Seek to Withdraw Settlement Consent Entered Last Week

Senate Passes “Unhealthy Youth Act” to detriment of WI youth

Eugene Volokh: Asylum in the U.S. for German Homeschoolers?

UK: “Lessons fight anti-gay prejudice in Cornwall”

Baby Isaiah Granted Another Three Weeks for Medical Assessment

Canada: “Saving Isaiah: Couple Fights Hospital for Baby’s Life

German Homeschooling Family Granted Political Asylum

Alaskans call for vote on parental consent