Does it infringe upon the rights of parents to raise their children to insist that they educate their children up to a certain point and to certain standards?
We in the US (and most other places on the planet) sensibly grant parents the right to raise their children as they see fit, but this particular right is conditional, not absolute. If they neglect or abuse or deny medical treatment to their children they will lose those rights, and once the children reach certain ages (these vary depending upon the circumstances), the parents lose those rights, regardless.
(“Right” is an awkward term to use in this case, largely because rights are assumed—not by me!—to be absolute and inalienable, such that to speak of “conditional rights” seems nonsensical. “Privilege”, however, seems too cramped a term; “authority” works pretty well. . . so, ah, yeah, I’ll use authority here on out.)
In any case, what I now call “authority” and what others might insist is a “right” has nonetheless come to be seen as something which, unfortunately unique among our understanding of rights, is paired tightly to “responsibility”. The default mode is parental authority/right/responsibility for children, such than an abuse of authority/failure to meet responsibility leads to loss of said authority/right.
Christ, I’m really talking around the issue, aren’t I? Nothing like spending two days in a writing seminar to unmake one’s ability to write.
Anyway. That we as a polity might infringe upon parental authority is neither new nor necessarily unjust. We might have good reasons to be suspicious of state mandates regarding children—see the history of removing Native American children from their homes, as unjust a policy as there was—but it is also the case that, absent state action, children suffer at the hands of their parents.
I can’t really object to religious or cultural communities wanting to instill their values into minor members of their communities (even though I do), because as deep a civic republican as I am, I am also a narrow civic republican who thinks pluralism is the bee’s knees (even if I am occasionally exasperated by those bee’s knees).
I”m losing the thread again, aren’t I? Shit.
Okay, I’ll just skip to the conclusion since I”m obviously skipping all over the place anyway. Requiring parents to educate their children is not an unjust limitation of their freedom to raise their children as they see fit, because parents ought not have the freedom to deny freedom to their children.
And the parts I skip over? All of the tough balancing between parents’ rational desires to pass their values along to their children and what to do when those values hinder their kids’ abilities to make, when they come of age, their own decisions. Amish and Satmar and FLDS children are not just Amish and Satmar and FLDS members, but individuals who, like every other individual, deserve to be recognized in and covered by the law, and not merely covered by their parents.
Or something like that.