sex education ruling -update

[cmotherofpirl]

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

"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 Appeals

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 disturbing."

"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 education.

"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.

[RC_]

[quote]"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 Appeals
[/quote]



Replace "sexual" with "religious" and you have the true goal of liberalism.

[philothea]

I knew it had to be California before I even read that far.

I don't think you'll get any debate here that this is nuts.

[peach_cube]

That is nuts. Can you say homeschooling?

[ofpheritup]

If they have the "right" to teach children about sex do the children have the "right" to say they don't want to learn about it. What about the "right" to get up and leave if the child is uncomfotable with the subject?

In High School I argued with the teacher about Birth Control. She got fed up and gave me a pass to the Library.

[tojo]

[quote name='peach_cube' date='Nov 3 2005, 06:55 PM']That is nuts.  Can you say homeschooling?
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They'll soon ban that out there, parents will have no right to be the exclusive provider of education in any and all matters.

[quote name='ofpheritup' date='Nov 3 2005, 09:52 PM']If they have the "right" to teach children about sex do the children have the "right" to say they don't want to learn about it.  What about the "right" to get up and leave if the child is uncomfotable with the subject?
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That won't happen, kids will say they don't want to learn math and demand to leave. Well, older ones, younger kids wouldn't leave even if they were uncomfortable usually. Furthermore, what if your kid is comfortable being taught to believe in what you teach them is immoral?

Parents simply need lots of influence in their child's education. Especially in matters of morality such as sex.

[Brother Adam]

Bets on how long before the Communist party is thriving in America.

Oh wait.... they already are. They are called "Democrats"

[Thy Geekdom Come]

[quote name='Brother Adam' date='Nov 4 2005, 12:03 PM']Bets on how long before the Communist party is thriving in America.

Oh wait.... they already are. They are called "Democrats"
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Just because a bunch of really liberal extremists run the party doesn't make the party Communist.

Please don't make such blanket statements. There are good people in the party trying to change it for the better. It's discouraging and upsetting to them when you through them out with the rest. You might suggest that they just become Republicans, but let's face it, that won't happen...and since we're a two-party system, wouldn't it be nicer if we could just convert both parties to Christ instead of just assuming ours is holy and bashing the other?

[MC Just]

Communists they are.

[MC Just]

the democratic party is doing the same thing the communists did in russia, ripping down religious monuments and such for the sake of atheism. They hate Christianity and want it gone from the country.

[Thy Geekdom Come]

[quote name='MC Just' date='Nov 6 2005, 09:52 PM']the democratic party is doing the same thing the communists did in russia, ripping down religious monuments and such for the sake of atheism.  They hate Christianity and want it gone from the country.
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Yes, but there were people who were forced to join the Communist party who weren't Communists...and the Democratic Party is different because it's controlled by a small group that tries to run the whole show, even though there are many members who don't agree with the official positions of the party. It's not the same.

[avemaria40]

I lean more with the Democrats, than the Republicans, but I'm a strong Catholic and I'm very much against abortion and will do much rejoicing when it is illegal, as well as anti euthanasia, anti homosexual marriage and other things. Please be charitable and don't lump all Democrats into Communists. I still believe in private property, I just think the govn't should do more to help the poor, i'm anti death penalty, pro immigration, and pro enviornment. I didn't think that made me a Communist

[photosynthesis]

[quote name='MC Just' date='Nov 6 2005, 08:52 PM']the democratic party is doing the same thing the communists did in russia, ripping down religious monuments and such for the sake of atheism.  They hate Christianity and want it gone from the country.
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democratic party = not the ACLU

[Sojourner]

Seriously, what parents think they ARE going to be their children's sole source of information on sex?

Heck, my parents kept me out of sex ed class when I was in junior high. So, instead of getting info on sex in class, I got it through my own research and from kids on the bus. Much better, eh?

It's ridiculous to think parents are going to control the flow of information to their children's brains, particularly when children and not home-schooled. The best tools parents can give their children is a lens through which to interpret the information they get in -- a way to discern what's right and wrong about what they hear and see.

[avemaria40]

I prefer abstinence based ed but i don't think it's set up properly b/c I think kids should know everything about pregnancy, sex, and contraceptives (so they can know why they're not effective) and also about dating, relationships, intimacy, and marriage (which they never even touch on) so that kids can make the right decision.

[photosynthesis]

[quote name='Sojourner' date='Nov 6 2005, 09:25 PM']The best tools parents can give their children is a lens through which to interpret the information they get in -- a way to discern what's right and wrong about what they hear and see.
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[photosynthesis]

[quote name='avemaria40' date='Nov 6 2005, 09:29 PM']and also about dating, relationships, intimacy, and marriage (which they never even touch on) so that kids can make the right decision.
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yes, I think this is the main problem with sex education in the public schools. Young people need to learn about sex in its proper context.

[jezic]

this is sick ....

what is to say parents can tell their children anything yet?

They certainly can't control what they learn anymore ......

gr.....

[jmjtina]

[quote name='Sojourner' date='Nov 6 2005, 08:25 PM']Seriously, what parents think they ARE going to be their children's sole source of information on sex?

Heck, my parents kept me out of sex ed class when I was in junior high. So, instead of getting info on sex in class, I got it through my own research and from kids on the bus. Much better, eh?

It's ridiculous to think parents are going to control the flow of information to their children's brains, particularly when children and not home-schooled. The best tools parents can give their children is a lens through which to interpret the information they get in -- a way to discern what's right and wrong about what they hear and see.
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these are 7-10 year olds. [b]not[/b]junior high. 2nd grade?! I teach 2nd grade!

And the parents were [b]uninformed[/b]. Your parents had the choice of keeping you out of those classes because they were aware of the content. Those parents were not. According to the letter, your parents wouldn't have any say so. You would have been in the sex ed class at 7 years old because they have no "fundamental right" to protect you otherwise.

10 QUESTIONS that were explictedly sexual. Those parents have a RIGHT to be concerned. No child should be stripped of their innocence, especially when the parents are trying hard to keep them innocent. I would have done the same thing.

Vote those judges outta office.

God Have mercy on us.

[homeschoolmom]

[quote name='Raphael' date='Nov 6 2005, 07:01 PM']Just because a bunch of really liberal extremists run the party doesn't make the party Communist.

Please don't make such blanket statements.  There are good people in the party trying to change it for the better.  It's discouraging and upsetting to them when you through them out with the rest.  You might suggest that they just become Republicans, but let's face it, that won't happen...and since we're a two-party system, wouldn't it be nicer if we could just convert both parties to Christ instead of just assuming ours is holy and bashing the other?
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Well said.