The 1st Amenmdment under fire

by lounsbury | August 28, 2009 at 12:57 pm
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Headline: New Hampshire Court orders Christian homeschooled girl to attend public school

Source: http://www.onenewsnow.com/Education/Default.aspx?id=659638


I find it troubling that a court would interfere with the upbringing of a child because of faith, but even more troubling that our courts seem to have completely lost their Constitutional compass in regards to the role of government in our lives.


First, let's look at the highlights here...


Background:


The case involves divorced couple Martin Kurowski and Brenda Voydatch and their 10-year-old daughter, Amanda. The couple split in 1999 when they were living in Massachusetts, and the proceedings moved to New Hampshire after Voydatch relocated to that state with her daughter in 2002.


Although Voydatch has primary custody over Amanda, both parents agreed to a parenting plan that included joint decision-making responsibility. A court-appointed guardian served as a mediator.


A source of contention between the parents has been the mother's decision to home school Amanda since first grade. Amanda's father believes she should be sent to public school, while the mother is adamant about home schooling. Since both parents have failed to reach common ground, the issue moved to the court.


The court order stated:


"According  the guardian ad litem's further report and testimony, the counselor found Amanda to lack some youthful characteristics. She appeard to reflect her mother's rigidity on questions of faith." The guardian noted that during a counseling session, Amanda tried to witness to the counselor and appeared "visibly upset" when the counselor purposefully did not pay attention.


The guardian also noted that Amanda's relationship with her father suffered because she did not think he loved her as much as he said he did due to the fact that he refused to "adopt her religious beliefs."


Amanda's progress as a student:


"...it was determined that Amanda was excelling in her schooling and used curriculum that was approved by her school district. The curriculum used in her home schooling was created by certified teachers, and Amanda routinely took standardized tests.


Furthermore, Amanda attended her local public school to take art, Spanish, and P.E. classes. Her public school instructors also commented on the fact that Amanda was well-rounded in her social skills."


Lounsbury Sends:


Why is it that when folks want to carve God out of the equation that the concept of separation of church and state are cited as a Constitutional reality, but when they act, they drag faith into the mix regardless of the facts relevant to the case?


I believe the problem, the disease, is a fundamental failure to grasp the concept of the founding principles of this Constitutional Republic, and this is a perfect example of said failure.


The notion of separation of church and state is rooted in the fact that we were a British colony made up of people who had recent memories of what happens when the church meddled in the affairs of the state. Separation of church and state, the concept, is rooted in this historical fact. The words "separation of church and state" do not occur in our Constitution, and in fact the Constitution specifically speaks to the support of our government to protect religious freedom, and to cement this it was added that the Legislative branch of the federal government could not pass laws respecting the establishment of religion.


Here it is as it is written in the Constitution:


"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."


We have certainly been covering a lot of ground in regards the 1st Amendment the past few days. In fact if you look at it from beginning to end, if I didn't know any better I'd swear that a certain group of individuals in this country has serious issues with the Constitution and are in grave need of an education at the level of, oh I don't... Amanda.

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