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September 16, 2004

German Court Declares Public School Attendance More Important than Religious Faith

Even if parents do not agree with the content taught in public schools because of religious reasons, the obligation remains for their children to attend school. This was the decision of the Second Senate of Frankfurt's State Court of Appeals. The press spokesman of the Court, Wolfgang Weber, stated that the judges refused the motion of the couple Sigrid and Michael Bauer unanimously as unfounded. The Bauer's wanted a revision in their case regarding the compulsory school attendance of their children. The parents belong to the "Professing Evangelical-Reformed Church" in Giessen, and withdrew their 5 school-age children in August 2001. The children were withdrawn because of the Bauer's conviction that public school education, like the theory of evolution, religious instruction, and sex education, is not compatible with their Christian beliefs. Instead, public schools undermine Biblical educational ideals like purity and obedience to parents. According to the Hessian school law, parents who "continually or obstinately prevent their children from fulfilling the compulsory school attendance" face up to 6 months in prison or a stiff fine.

The state is not required to listen to parents' concerns when creating a school curriculum
While the Local Criminal Court of Alsfeld acquitted the Bauer's, the state prosecutor appealed the ruling. The District Criminal Court of Giessen overturned this decision, and issued a warning by fining the parents. According to the judges in Giessen, the state does not need to heed parents' educational principles when creating content for public schools. On the contrary, the parents must accept the educational aims, content and methods of the public school, even if they contradict their religious convictions. The sex-education is within reasonable limits of "what the school may teach to sensitive, different-minded people." When creating school lessons they have to take into consideration the influences that children are confronted with in their daily life through the media and via classmates.

Parents say the judgment is a violation of the constitution
Mrs. Bauer said that her family has not yet decided whether they will file a constitutional complaint against the decision of the State Court of Appeals. They feel that they were not treated fairly, particularly since the judges in Frankfurt made a decision without a hearing. "We think that this judgement is a clear violation of the constitution," said Mrs. Bauer. This is not an isolated case. More and more parents, especially Bible believing Christians, are discovering that the teaching in public schools conflict with their beliefs and conscience. In response, they want to teach their children at home. In many countries it is possible to homeschool; for example in the US, France, the UK, Italy, Switzerland, Netherlands and Austria. Most countries have laws requiring that parents educate their children but leave it up to the parents about how to fulfil this requirement. It is estimated that there are 2 to 3 million homeschoolers in the US. According to Helmut Stücher, the founder and director of the Philadelphia School in Siegen, who is a pioneer of the German Homeschool Movement, at least 500 children of more than 200 families are taught at home. School Instruction at Home (Schuzh) is an organization which represents the interests of homeschool families and offers legal advice.