-IRONBARR- ...Words...etc.
Thursday, November 03, 2005
Appeals Court Declares Parenthood Unconstitutional, Group Says
By Susan Jones
CNSNews.com Senior Editor
November 03, 2005
CNSNews.com Senior Editor
November 03, 2005
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(CNSNews.com) - A new ruling from the 9th U.S. Circuit Court of Appeals is prompting cries of judicial activism.
On Wednesday the court dismissed a lawsuit brought by California parents who were outraged over a sex survey given to public school students in the first, third and fifth grades.
Among other things, the survey administered by the Palmdale School District asked children if they ever thought about having sex or touching other people's "private parts" and whether they could "stop thinking about having sex."
The parents argued that they -- not the public schools -- have the sole right "to control the upbringing of their children by introducing them to matters of and relating to sex."
But on Wednesday, a three-judge panel of the 9th Circuit dismissed the case, saying, "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."
Judge Stephen Reinhardt, writing for the panel, said "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."
(CNSNews.com) - A new ruling from the 9th U.S. Circuit Court of Appeals is prompting cries of judicial activism.
On Wednesday the court dismissed a lawsuit brought by California parents who were outraged over a sex survey given to public school students in the first, third and fifth grades.
Among other things, the survey administered by the Palmdale School District asked children if they ever thought about having sex or touching other people's "private parts" and whether they could "stop thinking about having sex."
The parents argued that they -- not the public schools -- have the sole right "to control the upbringing of their children by introducing them to matters of and relating to sex."
But on Wednesday, a three-judge panel of the 9th Circuit dismissed the case, saying, "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."
Judge Stephen Reinhardt, writing for the panel, said "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."
Full story of the 11/02/2005 opinion in the link above.
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-Andy says:
So, does this open the door for NAMBLA and other assorted people to introduce education to our young'uns?
No, it doesn't open a door; it DOES open major flood gates to that end. How can we have pederasty, pedophilia, and other sex-crime-against-children laws that stick?
Whether this is judicial activism or an accurate reflection of what is, or is not, a constitutional right, I suggest that congress must find a way - in all subjects - to pass law that will survive judicial fiat, for if the Ninth's edict were to survive nationally, vox populi will settle the matter... one way or another. NO ONE MESSES WITH MY KIDS will, IMHO, be the cause cÈlËbre for the 21st century.
The text of the Ninth Circuit Appelate Court's opinion is not yet on their web site. Check later at http://www.ce9.uscourts.gov/web/bap.nsf/Memos%20by%20Date?OpenView.
Link
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