Homeschool Heartbeat Radio Program

Mike Smith:
Jim Mason, HSLDA’s Senior Counsel, joins us today to discuss the California appeals court homeschooling victory. Jim, can you tell our listeners about why this case was reheard, and why the judges’ second decision was such a great surprise for the advocates for homeschooling?

Jim Mason:
Mike, when three longtime appeals court judges hand down a unanimous, landmark opinion, it is rare for them to agree to reconsider their own ruling. The justices agreed to do so in this case because their first opinion obviously failed to consider statutes that suggested their opinion might be wrong.

They not only agreed to reconsider their first opinion but also ordered completely new briefs about the legality of home education in California. These three justices also specifically invited several key public education agencies to file friend of the court briefs and indicated that they would welcome similar briefs from advocacy groups like HSLDA.

While all of this was very favorable indeed, it was still an uphill battle. Oral arguments in June took more than two hours. Based on the justices’ questions, it appeared that we needed to prepare for the worst.

But the Lord once again demonstrated His favor toward the homeschooling movement. The same three judges who had unequivocally ruled that homeschooling was illegal in February adopted all of the arguments favoring homeschooling in August.

Mike:
I join with you, Jim: we should applaud these three justices in being willing to reverse themselves. And until next time, I’m Mike Smith.