9th Circuit:
Parents Have No 'Fundamental Rights'
in Their Children's Sex Ed

        [COMMENT:  It is hard to know, given the reactions of so many, what would convince parents to get their children out of public education -- which is neither public nor education.  It was, right from the beginning with Horace Mann, designed as a control system, not for education, certainly not to set people free.   But here is more evidence that government controlled education will always drift, in the long run, toward mind-control, and the position that the government owns the children, not the parents.  And certainly not God. 

        The court has it backwards.  The court has no fundamental right to be making these decisions, and the government has no fundamental right to be involved in education at all.  The parents have the fundamental right to educate their children from God.   Civil government can neither (without due cause in particular circumstances) remove nor abridge that right, only acknowledge it.   E. Fox]

"We ... hold that there is no fundamental right of
parents to be the exclusive provider of information
regarding sexual matters to their children ...."
Judge Stephen Reinhardt, Ninth U.S. Circuit Court of

By Allie Martin and Jody Brown
November 3, 2005

(AgapePress) - A Christian constitutional attorney
says Wednesday's ruling in a case dealing with a
survey administered to elementary-age children
essentially undermines parental rights in determining
when, where, and how children are exposed to sexual
topics in public schools.

The case involves the Palmdale School District in
California, which notified parents of its intentions
to conduct an assessment of children ages seven to ten
in order to "establish a community baseline measure of
children's exposure to early trauma (for example,
violence)." What the letter to parents did not convey
was that ten of the 79 questions on the survey would
ask the children about the frequency of "touching my
private parts," "thinking about having sex," "having
sex feelings in my body," and "can't stop thinking
about sex."

Six parents sued the school district after they
discovered the contents of the survey, alleging the
district had interfered with their constitutional
rights by authorizing the survey be administered
without disclosing to parents the sexual nature of
portions of the survey. Yesterday, a three-judge panel
of the Ninth U.S. Circuit Court of Appeals in San
Francisco unanimously sided with the school district.

Judge Steven Reinhardt, writing for the panel, stated:
"We hold there is no free-standing fundamental right
of parents '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 ....'" Continuing, he
wrote: "We conclude only that the parents are possess
[sic] of no constitutional right to prevent the public
schools from providing information on [sex education]
to their students in any forum or manner they select."

Attorney Alerts Parents
Brian Fahling is the senior trial attorney with the
Center for Law & Policy, the legal arm of the American
Family Association. He says while he is not surprised
at the ruling from the Ninth Circuit -- historically
the most overturned federal appeals court in the
country -- he does find the decision "extremely

"I think this opinion holds that when parents send
their children to public schools, they essentially
have forfeited any right to control any aspect of the
education of that child as it pertains, for instance,
here to sex education," Fahling says. "This court
opinion locates in the hands of schools the right to
whatever they want to do with respect to sex
education, whenever they want to do it -- and that
really is deeply troubling."

Equally troubling to the attorney is the fact that the
panel of judges failed to address the deception of the
school in conducting the survey. He contends that
"many public schools operate in a similar fashion."
That is one reason he strongly recommends parents be
intimately involved in what their children's

"I'm not certain that that many [schools] would be as
deceptive as this particular school was, but it really
shows how parents have to be vigilant in knowing what
the public schools are doing," Fahling says.

The attorney speaks from experience. "This is not an
indictment of all public schools; however, we see
enough here [in cases from] across the country to
suggest that any parent who's not heavily involved in
their child's academic life in a public school is
being neglectful, in my estimation."

Fahling says he expects the decision to be appealed to
the full Ninth Circuit -- and then, he says, it could
head to the Supreme Court.


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