Court Rules Against Concerned Parents

I thought it might be of interest to some of you. The rights are slowly being taken away from the parents of children in public schools. What will the next generation be like having been exposed to so much so young? This really saddens my heart. I would love to hear what you think of this!

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The 9th Circuit Court of Appeals ruled yesterday against parents who sued their local school district after their elementary-age children were given a sexually charged survey, saying there is “no fundamental right of parents to be the exclusive provider of information regarding sexual matters to their children.”

The three-judge panel of the full court further ruled that 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.”

Six parents sued the Palmdale, Calif., School District after finding out their kids had been asked a series of sexual questions in class. They included asking the children about the frequency of:

Touching my private parts too much

Thinking about having sex

Thinking about touching other people’s private parts

Thinking about sex when I don’t want to

Washing myself because I feel dirty on the inside

Not trusting people because they might want sex

Getting scared or upset when I think about sex

Having sex feelings in my body

Can’t stop thinking about sex

Getting upset when people talk about sex

Judge Stephen Reinhardt wrote the opinion for the court [.pdf document]. Referring to the fact the parents lost their case at the district-court level, Reinhardt wrote:

We agree [with the previous ruling], and hold that there is no fundamental right of parents to be the exclusive provider of information regarding sexual matters to their children, either independent of their right to direct the upbringing and education of their children or encompassed by it. We also hold that 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. Finally, we hold that the defendants’ actions were rationally related to a legitimate state purpose. [emphasis Reinhardt’s].
Carrie Gordon Earll is director of issue analysis with Focus on the Family Action.

“Anyone who wonders why pro-family organizations like ours have been so concerned about activist courts only has to look at this case,” Earll said in a statement. “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.”

Continued Earll: “What the court did here is declare 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.”

The controversy began in 2001 when a volunteer “mental health counselor” at Mesquite Elementary School set out to conduct a psychological assessment test of students in the first, third and fifth grades.

A letter to parents asked for their consent to conduct the study but did not indicate that questions of a sexual nature would be asked. The survey included 79 questions divided into four parts. Ten of those questions were of a sexual nature.

According to the court’s opinion, the plaintiffs took action after their children participated in the survey and later told their parents about the sexual questions. Seeking damages and injunctive relief, the parents charged the district violated their federal constitutional right to privacy.

The lower court had ruled against the parents, saying the right “to control the upbringing of their children by introducing them to matters of and relating to sex in accordance with their personal and religious values and beliefs” does not rise to the level of a fundamental right protected by substantive due process.

Wrote Reinhardt: “As with all constitutional rights, the right of parents to make decisions concerning the care, custody and control of their children is not without limitations. In Prince v. Massachusetts, 321 U.S. 158 (1944), the Court recognized that parents’ liberty interest in the custody, care and nurture of their children resides ‘first’ in the parents, but does not reside there exclusively, nor is it ‘beyond regulation [by the state] in the public interest.’ For example, the state ‘as parens patriae’ may restrict parents’ interest in the custody, care and nurture of their children ‘by requiring school attendance, regulating or prohibiting the child’s labor and in many other ways.'”

Reinhardt also cited previous cases that upheld the right of schools to educate children about issues of sexuality.

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7 thoughts on “Court Rules Against Concerned Parents

  1. Yikes! Since when does the State have rights that override the rights of the citizen–especially the rights of a child?! I didn’t know that it’s no longer the purview of a parent to PROTECT his child’s interests. He’s just supposed to feed and clothe the child until the State can take over, I guess.

    So, logically speaking, if the State has the right absolute to decide when a child has to learn the graphic details of sex, then how long before the State can start assigning “practical application”? Do they not think that molestation can occur on the mental or psychological level?

    Does this mean that the teachers can start showing porn in class, as a “learning vehicle?” Are we opening the door for more Mary Kay LeTourneaus?

    But this kind of thing is precisely what we should expect from the 9th Circuit. They have the most “reversed” decisions of all the circuits.

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  2. Hi Doctor Jkel. Thank you for you wonderful post. You asked “Does this mean that the teachers can start showing porn in class, as a “learning vehicle?” You may already be aware that there are a few colleges that use this type of material (and worse) for course study . I know that this is the college level, but some of these students will one day be teaching in the public school system. How long will it take for your statement to become a reality?

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  3. This is exactly the reason why I will NEVER send my kids to a public school. My parents never sent us children to one. However, I went to a liberal “Christian” school for a few years when I had my intro to porn at the 6th grade level. I’m talking actual naked pictures. Not just drawing illustrations. My parents were upset, but it was too late. Once you’ve seen the images, you’ve seen the images. It was supposed to be a sex ed class and the girls and boys weren’t separated either.

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  4. Preheat oven to 425 degrees. Mix all ingredients together. Spoon biscuits onto pan (the dough mixture will be sticky but they will stay about the same size you spoon them). Bake for 15 minutes

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