Skip to comments.Appeals Court Declares Parenthood Unconstitutional
Posted on 11/03/2005 6:14:24 AM PST by 84rules
A new ruling from the 9th U.S. Circuit Court of Appeals is prompting cries of judicial activism.
On Wednesday the court dismissed a lawsuit brought by California parents who were outraged over a sex survey given to public school students in the first, third and fifth grades.
Among other things, the survey administered by the Palmdale School District asked children if they ever thought about having sex or touching other people's "private parts" and whether they could "stop thinking about having sex."
The parents argued that they -- not the public schools -- have the sole right "to control the upbringing of their children by introducing them to matters of and relating to sex."
But on Wednesday, a three-judge panel of the 9th Circuit dismissed the case, saying, "There is no fundamental right of parents to be the exclusive provider of information regarding sexual matters to their children...Parents have no due process or privacy right to override the determinations of public schools as to the information to which their children will be exposed while enrolled as students."
Judge Stephen Reinhardt, writing for the panel, said "no such specific right can be found in the deep roots of the nation's history and tradition or implied in the concept of ordered liberty."
"Anyone who wonders why pro-family organizations like ours have been so concerned about activist courts only has to look at this case," said a spokesman for Focus on the Family.
Carrie Gordon Earll, an issues analyst with Focus on the Family Action, called the ruling "one of the most abhorrent examples of judicial tyranny in American history.
"The 9th Circuit did more than rule against parents who were upset that their elementary-school-aged children were being asked explicit questions about sex in class. They told all parents they have no right to protest what public schools tell their children."
Earll said the court essentially declared parenthood unconstitutional.
"It's long been the liberal view that it takes a village to raise a child -- but never before have the 'villagers' been elevated, as a matter of law, above mothers and fathers.
"Every parent in America should shudder at this decision -- liberal or conservative, Democrat or Republican," Earll said.
The 9th Circuit Court of Appeals is the same court that struck down the Pledge of Allegiance in 2002 because of the phrase "under God."
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What about private schools?
No mention of private schools. But the ruling makes clear that the court considers the public school system to be the highest authority and all must bow down before it.
I wonder why not?
If the parents have no right to control the content of education then the government should have no right to force them to pay for it. It is taxation without representation, the stuff of revolution if History serves.
9th circus court of liberals strikes again.
I hope this can be appealed to SCOTUS, and they accept. This is utter, liberal, homophilic, abortophilic nonsense.
I don't get it. Abortion is covered by the right to privacy, but asking little kids about their sexual thoughts isn't?
";......Parents have no due process or privacy right to override the determinations of public schools as to the interrogations to which their children will be exposed while enrolled as students."
Schools should be about learning Math, English, Science, etc. Anthing else is out of line and over the line. No wonder our kids are behind so much. They go to school to learn and all they get is thiss B___t. That is NOT the right of the school to ask these questions. It is NOT right. That kind of thing should be addressed in the home at the proper time. This is nonsense at its fullest and it's time this is addressed and resolved. What in the hell is the matter with this court anyway? I'd pull my kids out of there in a heartbeat at the first sign of anything like that in schools. No way..no how would I EVER submit my kids to this kind of garbage. And that's exactly what it is...garbage.
Maybe a lot of people can pulll their kids out and send them elsewhere but...what of those who cannot? They are being held captive and it's not the American way!
Court says parents not sole providers of kids' sex education
Well... as long as people such as myself SINGLE RENTERS are paying the transfer payments to the democratic babymachinemakers' edumacation, we should have absolutely no say in the deal. I mean... a 30-year-old, 100 pound female takes up so much more of the public school system than the babymamas' 12 chil'en and should therefore get the gov't to stick a pipe into our wallets for them. THAT'S FAIR.
Public schools and the courts sink even further into the mire.
Just when you think they can't go any lower...
We've got to figure out a way to sue such idiots for 100 million dollars each, or something. Judicial activism like this should be a felony, or treason, or a crime against humaninty, or something.
They need accountability, and if they step over the line, they should regret it. I'm not satisfied with a simple reversal - they should be de-frocked.
Explain the activism? The judges are saying that the constitution does not explicitly state that parents have some rights.
The legislature has passed a law, the the judges are saying that, absent that law being unconstitutional, they are going to enforce the law.
Shouldn't we be fighting to change the law, or are we saying that the justices should find an unenumerated constitutional right of parents to control what their children learn in school?
I have mixed feelings about this, but I would like to understand how this is activist.
The parents can elect representatives that will change the laws and change the curriculum. The court is saying that individual parents don't have the constitutional right to pick and choose what a school teaches their children.
I assume they have the right to take their children out of public school, and put them in private school or home-school.
If we keep getting rulings like this, it should help the push for vouchers, which are the real solution. We will NEVER get public schools to cater to the whims of all parents, I bet that even among conservatives we would have a huge fight over prayer in schools and teaching evolution, for example.
Vouchers meet the need for universal access to schooling, without forcing a one-size-fits-all solution.
No mention of the Hatch Amendment?
Since I believe mathematics to be the tool of the Devil I object to it being taught to children.
We need to break up the 9th circuit - remember these are democrat values. The dems can hide but they cant run from the people who love them but hate families, children, christians, and values.
(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie. Say What You Like About Republicans. We Stick To Our Convictions. Even When We're Know We're Dead Wrong.")
Unbeknownst to "his honor" S. Reinhardt, COMMON SENSE was always part of the deep roots of the nation's judicial history and tradition.
U.S. Court Allows Survey of Children on Sex Topics