Judge Grants Asylum to German Home Schoolers

Not your average asylum case. A German family was granted asylum in the U.S. by a Judge from Memphis because they were unable to Home School their children in Germany. In Germany home schooling is illegal and all children must attend an " officially recognized school."

Judge Burman granted asylum based on the fact that "they had a reasonable fear of persecution for their beliefs if they returned." German families can be fined for not sending their children to school and in some cases the children can be taken into custody.

The idea that Judge Burman granted asylum based on a social group being discriminated against does not seem particularly unique. However, it does raise eyebrows when Judge Burman says in his decision that the German policy is “utterly repellent to everything we believe as Americans.” Should Judge Burman be injecting his personal view of American values into his decision? What is so wrong with children being required to go to school when private school is also an option?