Earlier this week the Ninth Circuit Court of Appeals, led by Circuit Judge Stephen Reinhardt, the same judge who declared the words "under God" in the Pledge of Allegiance unconstitutional, along with two of his peers Judge Sidney R. Thomas and Senior Judge Donald Lay, gave California public schools unlimited discretion when it comes to teaching your children about anything.
Even for the Ninth Circuit this is a new low. From the actual ruling in Fields v. Palmdale:
...there is no fundamental right of parents to be the exclusive provider of information regarding sexual matters to their children, either independent of their right to direct the upbringing and education of their children or encompassed by it. We also hold that 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. Finally, we hold that the defendants' actions were rationally related to a legitimate state purpose...In summary, we hold that 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" and that the asserted right is not encompassed by any other fundamental right...we conclude only that the parents are possessed of no constitutional right to prevent the public schools from providing information on that subject to their students in any forum or manner they select.
Thanks to the Ninth Circuit, if a school wants to ask 7-year-olds how often they think about wanting to touch "other peoples' private parts," it's within its jurisdiction and parents just have to accept it.
It was one of many questions in a survey given by a doctoral student to children at a Palmdale District elementary school without parental consent or notification. Oh, they were told their kids were going to be taking a "psychological" survey, to be sure, but no mention of anything sex related was made. How clever.
When a handful of parents found out that their children had just been asked to talk about touching themselves and others, they immediately filed a lawsuit claiming they had privacy rights on behalf of their children and that they should be able to decide what their children are exposed to.
Without surprise, the most liberal circuit court in the country made it clear that parents have no rights to their children when they're in school.
The justification for the survey was to determine if there were any "psychological barriers to learning," though I can't seem to understand how that can be determined based on a child's response to "touching my private parts too much."
The language in this ruling is extreme and radical to the highest degree. The Ninth Circuit Court has opened the door to anything and everything by allowing schools to teach all subjects "in any form or manner they select" without objection.
Think about that: "in any form or manner they select." That basically covers everything. Whatever a school says in California goes, because you as parents are not in control while they're under the roof of a public school.
Thanks to the Ninth Circuit Court, California schools have no barriers to their teaching methods. No objections, and no option for recourse. If a school wants to present graphic pornography as an educational tool to kindergarteners, then they have just exercised their right to teach "in any form or manner they select."
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