November 03, 2005

Parental No-Rights

The Ninth Circuit was willing to let a single non-custodial parent determine whether or not every child could say – or even hear -- the Pledge of Allegiance in public schools. But they don’t believe that parents have the right to control the exposure of their own children to sexual material at school.

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 o n 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."

Funny, I always believed that the right to raise oneÂ’s child and to control their education was one of those things that fundamentally predates civilization as a whole, and which society may therefore not infringe upon.

I guess that the State really is their mother and their father – at least in the Ninth Circuit, and as long as the state doesn’t use permit the use of the “G-word” around them.

Posted by: Greg at 01:44 PM | Comments (7) | Add Comment
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1 Did you really believe that parents have the right to total control over their children's education in public schools? That's an odd belief, and one for which I can find no suppport in literature or history.

The proper remedy for the parents here is to work with the teacher, the school, and then the school board, in that order.

If the court had manufactured the rights that the parents were seeking here, they would have been guilty of judicial activism.

Posted by: Dan at Fri Nov 4 05:30:06 2005 (eir3G)

2 I tend to agree that, as one judge noted, the school cannot be expected to accommodate every parent's wishes. However, even though there was notification by the school, sex was never mentioned as part of the survey. And, even worse, check out what some of the questions contained!

Posted by: Hube at Fri Nov 4 13:24:28 2005 (ktCKv)

3 I agree the survey was wildly inappropriate, and I would have been angry if I had a young child subjected to it. But I would have expected a judge to be an activist for me and make up a constitutional right for me, as many on the right wing seems to think should have been done.

Posted by: Dan at Sat Nov 5 05:37:07 2005 (aSKj6)

4 Actually, I would argue that there would be no need to "create a right".

At the time of the adoption of the Constitution, it was clearly understood that education was a parental right and responsibility and that it was up to parents to direct the upbringing and education of their children.

There was, for the most part, NO governemnt involvement in education.

And might I suggest to you that the recognition of the natural right of parents to direct and oversee the education of their children is legitimately found in this provision of the Bill of Rights?

Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

In other words, you have to read the Ninth Amendment out of the Constitution to reach the conclusion reached by the Ninth Circus.

Posted by: Rhymes With Right at Sat Nov 5 06:18:44 2005 (1WXA/)

5 Thanks for the history lesson. How does the state get away with mandatory education?

Posted by: Dan at Sun Nov 6 07:00:18 2005 (aSKj6)

6 RWR - my question wasn't meant to be snarky or anything - do you know the history of mandatory schooling? I don't . . .

Posted by: Dan at Tue Nov 8 11:04:53 2005 (cQoOv)

7 That "history of Education" course is a couple decades in the past -- I'll have to do some research.

Posted by: Rhymes With Right at Tue Nov 8 15:14:58 2005 (pXGIv)

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