The following is published in response to an essay, by Rob Reich, entitled Testing the Boundaries of Parental Authority Over Education:  The Case of Homeschooling.  Roxanne has done a masterful job.

Testing the Boundaries of Parental Authority ... A Response

March 26, 2002

Dear Mr. Reich:

I have just finished reading the paper you prepared for delivery at the 2001 Annual Meeting of the American Political Science Association held in San Francisco.  It was indeed an eye opener to say the least.

After having contemplated the implications of your political "theory," I am very thankful that, as an American citizen, I can appeal to this nation’s foundational documents that inherently protect me from antithetical political theories such as yours.  Your ideas find no legitimate resting place in these founding documents and no matter how philosophically they are espoused, they are none-the-less illegitimate.  Not only are your ideas politically illegitimate, but the weight of the vast body of empirical evidence (historical and modern) further crushes your case.

While inclusive of many specious arguments, your theory is one that strikes most heavily at the very heart of religious freedom and conscience.  As a test for analyzing the whole of your political thought, one simple quote from Thomas Jefferson, destroys, at once, its foundation. Consider well his words,

to suffer the civil magistrate to intrude his powers into the field of opinion and to restrain the profession or propagation of principles on supposition of their ill tendency is a dangerous fallacy, which at once destroys all religious liberty.

At the core of it, you are held captive by statism.  Your paper is the best presentation of a full blown statist philosophy that I have encountered to date.  On the other hand, I am a Christian who lays claim to my protected religious freedom and admit to being held "captive" (ethically servile) to a Christian philosophy of the state and of education (a political theory from which you seemingly have been shielded).  The one advantage my position has over yours is that, in spite of Supreme Court rulings which do not constitute law, it is the position articulated in both the Charter of this nation, The Declaration of Independence, and the Constitutions of both my state and this nation.  But, because you have succumbed to the prevailing notion that "secular" education and ethics can be "non-religious, " or "religiously neutral," you have run over the very foundation of religious freedom guaranteed by all of the above.

Your "case" has failed to adequately deal with the very foundational aspect of education known as its teleology, or purpose.  Your arguments presuppose an agreement as to the purpose of education but your view does not take into account the fact that your view is not widely shared.  It is at this place of purpose that you will find the heart of the religious issue, especially for the Christian.  While it is impossible to be comprehensive on this subject, the following two statements present propositions that express well the antithesis between the two fundamental views of purpose.  Statist teleology:  the state, or society, is the god in whose image the citizen is to re-create himself.  Christian teleology:  Christ is God incarnate in whose image man is to be re-created.

In the statist perspective, the controlling idea is that it is necessary for citizens to conform to society’s ideal for man and the state must either train or oversee their training accordingly.  The purpose of education is to effect an acceptable integration into a society which is defined by man.  This "adequate" and "effective" integration is both the citizen’s and society’s most important calling.  You did well in advocating this position in your paper, however, as I stated previously, the Christian perspective stands in stark contrast to this in that man’s highest calling is to glorify God in all that he does.  The purpose of education therefore is to, "enable the child to shoulder the responsibilities and privileges of being God’s image bearer, and to equip him for a life of service to God as His vicegerent on earth."  Thus, he is equipped to be all that is considered a "good" citizen according to a standard higher than his own or even that of society’s, which is God’s.  That education also enables him to play his many parts in society for the glory of God which in turn meets the standard of "good" citizenship.  You were at least honest in that you described the very subjective nature of "good."  Your conclusion is that it is wisest to put trust in man, in society, and in the state to be the ultimate determiner of good and of "good citizenship."  A Christian puts his trust in God’s revealed Word to supply that determination.

Obviously, faith in man and the state resides at the bottom of your political theory which necessitates the state having an inherent and superior claim to a child that, authoritatively and jurisdictionally, supercedes that of the parent.  When asked, "Who controls the children,?" your answer is, "the state, by necessity, must have the ultimate say and therefore, 'right' to control the children for the common good of society."  In his book, The Christian Philosophy of Education Explained, Stephen Perks summarizes this view well,

As the head and guardian of society, the state must care for, mold, and discipline in terms of its own purpose those who will constitute the society of the future.  The child is the creature of the state, and society is his true family.  Hence, should the child’s genetic family prove a hindrance to his development into an ideal member of the statist society, its custodianship of the child must be suspended.

The entire content of your paper could easily be similarly summarized.  Unfortunately, it is the ethically servile, state-created citizen that no longer knows or understands how this ideology is contrary to the principles that gave birth to this nation and that govern a "free" people.  Thus, the state is encouraged by its own citizens to perpetuate its claim and its control and therefore the state continues to produce its own ethically servile advocates.

Of great interest to me is your position on servility and autonomy which clearly demands an epistemological position that denies the existence of absolute truth.  My first impression of the individual behind the ideas espoused in this paper, is one who has himself been the victim of "ethical servility."  The positions you take in order for some sort of autonomy and freedom from servility to exist in children are irrational, illogical and are unsupported by empirical evidence.  Under your view, one can only conclude that in order for full autonomy and freedom from ethical servility to exist, an individual must be exposed to ALL that is knowable?  However, you argue for some kind of "minimal" autonomy by saying, in essence, that somehow it is the state that can and must decide the limits of exposure in order to assure "minimal autonomy".  What is produced then is simply a limited autonomy and "freedom from servility" with the inputs/outputs ultimately controlled by the state rather than by the parent.  The end result is the same — less than full "autonomy" and some sort of ethical servility.  If my children are to be ethically servile, it is my fervent prayer that they be servile to truth — objective truth.  My children are exposed to many worldviews but are taught that transcendent truth does exist and that all worldviews which exist outside of that truth can be, and are, reduced to utter foolishness and futility.

Favoring compulsory attendance laws, accountability laws for non-public endeavors in education, and uniform academic and work skills and standards for all children is itself the indictment of a statist view.  And, allegiance to this view is tantamount to embracing the notion that the state has a right to dictate a man’s conscience.  That is a violation of the most fundamental and sacred of all rights in a free nation — "conscience is our most sacred property."  You have determined that it is the state’s right to control and shape opinion which reduces citizens to property, to human resources, to be controlled and shaped by a false god – the state.  This is evidenced in just one excerpt from your paper, "Because the state must ensure that the school environment provides exposure and engagement with values and beliefs other than those of a child’s parents, the state should require parents to use curricula that provide such exposure and engagement … they could allow their children to take periodic assessments that would measure their success in examining and reflecting upon diverse worldviews."  I challenge you to be honest about the definitional difference between an assessment and a test.  Are you prepared to assess, to place value on, the citizen’s worldview, his values, his opinions, his conscience?  In 1792, James Madison spelled out the important concept of conscience and its tie to liberty, when he wrote,

a man’s land, merchandise, or money, is called his property … a man (also) has a property in his opinions and the free communication of them.  He has a property of peculiar value in his religious opinions, and in the profession and practice dictated by them.  He has an equal property in the free use of his faculties, and free choice of the objects on which to employ them … In a word, as a man is said to have a right to his property, he may be equally said to have a property in his rights ….  Government is instituted to protect property of every sort … This being the end of government … Conscience is the most sacred of all property…,

Article 1, Section 11 of my Washington State Constitution reads,

Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion.

And then there is George Mason from, The Biblical Basis of the Constitution,

The laws of nature are the laws of God, whose authority can be superceded by no power on earth.  A legislature must not obstruct our obedience to Him from whose punishment they cannot protect us.  All human laws which contradict His laws we are in conscience bound to disobey.

You may define my claim to control my children’s education, or as you stated it, my "interest in" their education, as self-regarding, but R.L. Dabney better described this tension between state and parent in 1860 when he said,

No parent can fail to resent the intrusion of any authority between his conscience and convictions, and the soul of his child.  If the father conscientiously believes that his own creed is true and righteous and obligatory before God, then he must intuitively regard the intrusion of any other power between him and his child, for the purpose of causing the rejection of that creed, as a usurpation.

Anticipating the kind of objection to parental claims such as yours, he went on to say,

It may be objected that this theory makes the parent sovereign during the child’s mental and moral minority.  This affects the molding of the child’s opinions and character, and because the parent is fallible, and may teach his child wrongly, there ought to be a superior authority to superintend and intervene.  The answer to this is that the supreme authority must be placed somewhere.  God has indicated that, on the whole, no place is so safe for it as the hands of the parent who has the supreme love for the child…  But may parents nevertheless neglect or pervert the power?  Yes, but does the State NEVER neglect and pervert its powers?  There is no doubt that God has deposited the duty in the safest place.

He also said,

The competitions of the State … for power over education have been so engrossing that we have almost forgotten the parent, the … rightful competitor.  And now many look at the parental claim almost contemptuously.

Yes, it is clear from our own national history that there is nothing new among men and nothing new under the Sun.  Simply put, ideologists fear the basic concept of freedom of the mind from government interference.  Recognizing the full authority of parents over their children’s education is dreaded only by those who feel they have something to lose.  Your call for regulation and control of parental influence, under the guise of balanced interests, is premised on fear and you resort to a kind of cowardice that calls on the power and aid of the state.  You stated in your paper, "Given pluralistic conception of the good life; there will be no readily identifiable consensus about the best interests of the child in all cases."  If that is true, then your position hides behind the state, certain it serves "the common good," but fearful that it may find disfavor.  Therefore, you choose for the conscience of the men to be dictated by force of the law.  From his essay, The Law written in 1850, Frederic Bastiat pointed to those who view the state as ethically or morally superior,

while mankind tends toward evil, the legislators yearn for good; while mankind is drawn toward vice, the legislators are attracted toward virtue.  Since they have decided that this is the true state of affairs, they then demand the use of force in order to substitute their own inclinations for those of the human race.

Out of fear, the humanist says,

We believe … that traditional dogmatic or authoritarian religions that place revelation, God, ritual, or creed above human needs and experience do a disservice to the human species … We find insufficient evidence for belief in the existence of a supernatural … as non-theists, we begin with humans, not God, nature, not deity … No deity will save us; we must save ourselves

and has nothing in which to place his trust but man himself.  He denies the existence of a Sovereign God who superintends His creation and therefore philosophically justifies the use of force in order to "save himself."  This, I believe, is the real basis of the "common good theory" and describes well the motives of those who purport that it is the state who must fulfill the role of savior.

You believe that the state has jurisdictional authority to extend to parents the "right" to educate their children, and that they must be held accountable to the state’s definition and idea of education in order to keep this right.  My final questions to you are, from what source does the state derive this power or this authority?  From what source did our Founders believe government’s power and authority was derived?  I have certain rights endowed by my Creator and this government was instituted to recognize and protect those rights, not usurp them.  I can think of no greater threat than to think that a state, hostile to religious conscience, has an assumed authority over the homes of American families or over any child’s education.  Do you really think that what you are calling for has any semblance to liberty?  Tyranny over the minds of men by the state is not how I would define liberty nor is it any reasonable method to "secure" a future society.  As James Madison said, "We have staked the whole future of American civilization, not upon the power of government, far from it.  We have staked the future of all political institutions upon the capacity of mankind for self-government; upon the capacity of each and all of us to govern ourselves, to sustain ourselves according to the Ten Commandments of God."  This reveals the foundation of our nation’s political theory; it was not coercion, by state control that was deemed necessary or wise.  In the public square we see, "In God we trust," not, "Of the state, by the state and for the state".  The latter is far removed from the principles of good government that were once instituted to protect life, liberty and the pursuit of happiness.  It declares that the state is indeed the great idol of modernity.

What you are calling for will cause more division and strife than I believe the state or the advocates of this position are prepared to handle.  The implications of your position run deep and will serve to create a cultural war unlike any other we have experienced to date.  That is exactly where I believe this kind of tyrannical, political nonsense will land us because parents are only now freshly off their last battlefield and they will not concede easily.  As you acknowledged in your paper — home schooling and private school parents and advocates are numerous, committed and well organized.  And, they are likely to be joined by multitudes of Americans who do not yet believe that tyranny over the mind (balanced interest between state, child and parent) is a principle that should ever be embraced.  Freedom of religion and freedom of conscience is still deeply ingrained in American society.

Mind well those things for which you advocate — for what many men in America today fail to realize is that the liberty they possess to express their own convictions is indeed the fruit of convictions which may not be their own and of things which they do not grasp.  That liberty will not be sustained by theories that are antithetical to the Foundation.  The consequences suffered will be suffered by all.  There is fruit without the Root, but that fruit is very bitter indeed.

Roxanne Sitler