Of fundamental rights, HSLDA, and homeschooling

I wasn’t planning on writing more about HSLDA but I was talking to my mom today about HSLDA’s refusal to do anything about child abuse and how it made absolutely zero sense to defend abusers. As I moved on to talking about how I feel that they’re using the Romeike family as pawns in their effort to establish homeschooling as a fundamental right, something dawned on me. Notice that phrase “fundamental right”? It’s a phrase they’ve been throwing around an awful lot when talking about the Romeike case. In law, “fundamental right” has a very specific meaning. It refers to those rights that are basic, foundational rights–things like life, liberty, freedom of association, freedom of movement, freedom of religion, the right to marry, and the right to due process. Under US constitutional law, fundamental rights automatically trigger strict scrutiny. That is, for any law restricting a fundamental right to pass constitutional muster, it must[…]

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