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."
Copyright © 1998-2005 CNSNews.com - Cybercast News Service
(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