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 inivolved:
- 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
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."
Can you believe this? It is absolutely outrageous! And if that weren't enough...The superintendent of the California school district involved in the 9th Circuit Court ruling questioned the motives of the parents involved in the case.
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.