The new
ruling by the 9th U.S.
Circuit Court of Appeals stating,
"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,"
has Californians in an uproar, and rightfully so!
The liberal ninth district court
known for it's legislating from the bench, such as in the recent
case where the court ruled the Pledge of Allegiance unconstitutional
because it contains the words 'under God', dismissed
a lawsuit by California parents on
November 3, 2005 who were sued
the school district because a sex survey with
inappropriate, nosey questions was given to children in
the first, third and fifth grades.
The survey was administered by the Palmdale School District and
asked students questions such as if they ever thought about
having sex or touching other people's "private parts" and
whether they could "stop thinking about having sex.
Other questions
in the survey involved:
Touching my private parts too much
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
The parents argued that they have the
sole right "to control the upbringing of their children by
introducing them to matters of and relating to sex." But the
three-judge panel of the 9th Circuit dismissed their case with Judge
Stephen Reinhardt writing for the panel,
"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."
The same day House
Democratic Leader Nancy Pelosi sided with the
ninth court opposing
a Republican plan to split the liberal, San Francisco-based court in
two. The Democrats are not happy that this made
it's way into a must-pass House budget reconciliation bill.
This is no small matter.
Just because their rulings are so over the top doesn't mean they won't
set precedence that could make it harder and harder for pro-family
Americans to win cases involving other constitutional laws and
violations. The Ninth Circuit is the largest of all the U.S.
circuit courts covering nine states.
This
only highlights the importance of what kind of judges sit on the
highest court in the land, the Supreme Court.