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U.S. Court Allows Survey of Children on Sex Topics
Reuters ^ | 11/3/05 | Unknown

Posted on 11/03/2005 7:37:18 AM PST by Syco

SAN FRANCISCO, Nov 2 (Reuters) - Parents have no constitutional right to prevent public schools from exposing children to sexual topics, a U.S. appeals court ruled on Wednesday.

The San Francisco-based 9th U.S. Circuit Court of Appeals affirmed a lower court's decision that found the rights of parents were not violated by a California public school district that allowed a psychological survey of its elementary school children.

Among the survey questions asked of the children were 10 with sexual references, such as "Can't stop thinking about sex" and "Not trusting people because they might want sex."

A group of parents whose children were surveyed sued the Palmdale School District, alleging their right to privacy and civil rights had been violated because control of their children's upbringing had been "robbed."

A three-judge panel held the parents have a right to inform their children as they wish about sex but do not have the right to prevent a public school from providing students with information it deems appropriate.

"Schools cannot be expected to accommodate the personal, moral or religious concerns of every parent," Judge Stephen Reinhardt wrote for the panel. "Such an obligation would not only contravene the educational mission of the public schools, but also would be impossible to satisfy."


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; Philosophy; US: California
KEYWORDS: 9thcircuit; children; constitution; dirty; filth; homosexualagenda; judicialtyranny; moralabsolutes; ninthcircuit; parentalrights; perversion; ruling; sex; sexeducation
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To: albertp; Allosaurs_r_us; Abram; AlexandriaDuke; Americanwolf; Annie03; Baby Bear; bassmaner; ...
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
21 posted on 11/03/2005 11:04:03 AM PST by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: IndyInVa

That's why I posted it. I'm tired of talk. I want to see some action taken and I've lost faith in the government to do it. THEY ARE THE PROBLEM. I asked people to write their Senators and they should, but it can't end there. I have Feinstein and Loopy Boxer so it's pretty much a waste of my time, but the Congress has the power to impeach judges.

We MUST keep this stuff alive. The MSM will bury the story unless the Right makes a first class stink about it. The Blogs are a start but we can't let it end there. We need to throw some gasoline on the fire.

Apart from that, there are already some major developments in education that we should support. If we can get more Voucher programs to pass it will help by allowing parents to send their kids to more private schools. Also, there are full on networks of homeschoolers emerging all over the country. Groups of homeschooling parents who basically lean on one another to provide excellent educational resources to their kids. In the end you often find much better educated kids with the homeschooling option, although it's a major tax on a families time, and you can risk having kids who lack the social skills of their traditionally educated peers.

I guess the point is that we have to stop counting on the government in this area, just like we stopped counting on them in other areas long ago. Government is the problem today, almost as much as it was in 1776. Even in the classroom.


22 posted on 11/03/2005 11:13:45 AM PST by Syco
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To: Syco

The Senate is not where people should be sending their letters, but their local school boards. People should be running for seats on their local school boards, whether or not they have children in the school system.


23 posted on 11/03/2005 11:37:25 AM PST by mvpel (Michael Pelletier)
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To: Syco

Here is much more thorough article on the ruling.

http://www.metnews.com/articles/2005/fiel110305.htm


24 posted on 11/03/2005 11:45:35 AM PST by JeffAtlanta
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To: JeffAtlanta
From the article I just posted..
The district dropped the survey in 2002 amid complaints from parents, but several parents sued anyway.

This is important as the school system did respond to pressure from parents.

25 posted on 11/03/2005 11:48:01 AM PST by JeffAtlanta
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To: All
Here is a link to the text of the ruling. Just click on the Fields vs Palmdale link.

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/Opinions+by+date?OpenView&Start=1&Count=100&Expand=1.1

Section I is quite interesting as it describes the events leading up to the complaints and lawsuit. It is also interesting to note that a consent letter was sent out to parents where parents could refuse to let their children take part in the survey.

There can be some debate whether the consent letter was informative enough for parents to make an informed decision. The consent letter does state that the goal of the survey is to determine a baseline for a child's exposure to trauma and lists 'violence' as an example. The form did not explicitly mention that sex related question may be asked.

The consent form also points out the question may make the child feel uncomfortable and the child would be referred to a counselor if that occurred.
26 posted on 11/03/2005 12:13:54 PM PST by JeffAtlanta
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To: patriot_wes

If there was any statement that is so on the mark that is the one you just made. I am waiting for the day when there is a law protecting gay marriage and the church will not be able to speak out for fear of losing their tax status and any money they can get from the government. God please protect us from evil and send down your mercy especially to our little ones. amen.


27 posted on 11/03/2005 12:55:58 PM PST by red irish (Gods Children in the womb are to be loved too!)
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To: Syco

The Nanny State has sprouted horns! Homosexual advocates must be elated with the implications of this decision.

It is for reasons just like this that home schooling has become the only option for many.


28 posted on 11/03/2005 1:05:39 PM PST by Amish with an attitude (An armed society is a polite society)
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To: Syco

http://www.freerepublic.com/focus/f-news/1514385/posts
Court says parents not sole providers of kids' sex education

http://www.freerepublic.com/focus/f-news/1514815/posts
Appeals Court Declares Parenthood Unconstitutional


29 posted on 11/03/2005 1:08:28 PM PST by Calpernia (Breederville.com)
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To: red irish

"I am waiting for the day when there is a law protecting gay marriage and the church will not be able to speak out for fear"

Sadly, Christians in Canada are dealing with this now.


30 posted on 11/03/2005 1:08:38 PM PST by Amish with an attitude (An armed society is a polite society)
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To: IndyInVa

"Ideas?"

Yes, the first order of business should be removing your children from public schools.


31 posted on 11/03/2005 1:23:31 PM PST by Amish with an attitude (An armed society is a polite society)
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To: JakeWyld

When I was in 6th grade the teachers told us we were lucky to live in America because if we lived in a Communist country we would be expected to give the govt reports on our parents and what goes on in our home.
Now the 6th grade teachers are having the children fill out questionnaires which basically asks them to report on their personal lives (i.e., what goes on with their parents and their families at home).
Guess we're not too far off from what the did "back in the USSR".


32 posted on 11/03/2005 1:37:17 PM PST by antceecee
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To: red irish
"I am waiting for the day when there is a law protecting gay marriage and the church will not be able to speak out for fear of losing their tax status and any money they can get from the government."

Coming soon to a church near you. It's already just across our northern borders where pasters are fined $2500 for just mentioning Romans 1:28 It's why I believe the last of the churches (Laodecia) is here and the true believers may soon be forced underground. Read Gen 3... Shalom

33 posted on 11/03/2005 6:42:19 PM PST by patriot_wes (papal infallibility - a proud tradition since 1869)
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To: JeffAtlanta
From your link:

In the absence of a fundamental right, the district’s survey needed only to be rationally related to a legitimate state interest to survive judicial scrutiny, Reinhardt said. Protecting the mental health of students and improving their ability to learn was a legitimate goal, he said, and it was not unreasonable for the district to think administering the survey would promote it.

This is where the judge erred, in my opinion. The schools are there to teach, not to give psychological studies to children.

34 posted on 11/03/2005 9:02:00 PM PST by tuesday afternoon
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To: Syco
A three-judge panel held the parents have a right to inform their children as they wish about sex

Now why in the world is that in the opinion?

35 posted on 11/03/2005 9:07:52 PM PST by tuesday afternoon
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