House Wants 9th Circuit to Re-Consider
Posted on November 17, 2005
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Crossposted from Right on the Right:
A story was out a while ago about the 9th circuit court of appeals ruling that California parents couldn’t intervene when schools were handing out sex surveys to kids as young as First Graders. Apparently, our House of Representatives was just as outraged as the rest of us.
US HOUSE PASSES RESOLUTION; URGES 9th CIRCUIT TO REHEAR CASE
Liberty Counsel will ask the Ninth Circuit to set aside the ruling and rehear the case
Palmdale, CA – Late yesterday the U.S. House of Representatives overwhelmingly passed a resolution calling on the Ninth Circuit Court of Appeals to rehear the sex survey case of Fields v. Palmdale School District. Following the ruling by the court a few weeks ago, the seven parents in the case asked Liberty Counsel to represent them and become lead counsel. Liberty Counsel has taken up the fight of these parents and will soon be filing a petition asking the Ninth Circuit to set aside the ruling and rehear the case.
Writing for the court, Judge Stephen Reinhardt, the same judge who ruled that the Pledge of Allegiance is unconstitutional, wrote that parental rights stop at the “threshold of the school door.” In the Fields case, the parents objected to sex questions given to children as young as seven. The survey required a “Yes” or “No” answer to questions such as: “Can’t stop thinking about sex.”
The resolution (H. Res. 547), sponsored by Rep. Tim Murphy, R-Pa., passed by a vote of 320-91. Twenty-two representatives did not cast votes, including House Minority Leader Nancy Pelosi (D-Calif.). The resolution urges the Ninth Circuit to rehear the case “en banc,” which means that all the judges in the circuit would participate in the ruling, rather than just the original three-judge panel. The resolution states that “the fundamental right of parents to direct the education of their children is firmly grounded in the Nation’s Constitution and traditions.” The resolution also states that the Ninth Circuit’s ruling “undermines the fundamental right of parents to direct the upbringing of their children.” Rep. Murphy stated: “I believe the Court’s decision overreached the issues in the case, overreached in its conclusions, and needs to be overturned.” He also stated: “On behalf of every parent in America, Congress calls upon the courts to correct this deplorable injustice.”
Mathew D. Staver, President and General Counsel of Liberty Counsel, stated: “Congress rarely passes a resolution condemning a court’s ruling. This resolution is extraordinary because the decision by the Ninth Circuit is extraordinary. This resolution expresses the overwhelming sentiment in America that this ruling is deplorable. No one would ever think that when they drop their children off at school, they forfeit their parental rights, but that’s exactly what this court ruled. This ruling is the worst assault on parental rights issued by any court. We will ask the full panel of judges on the Ninth Circuit to rehear this case, and we pray that this ruling will become a mere blip on the radar screen that quickly fades away.”
Liberty Counsel will ask the full panel of the Ninth Circuit to set aside the ruling. Liberty Counsel is also prepared to ask the Supreme Court to hear the case.
This is big news, because this case was a huge blow to parents’ rights. The rights of parents are constantly under assault by the left and activist judges, and a reversal on this case would show that the 9th circuit court is not unstoppable. If they do not overturn their ruling however, it shows their liberal bias, and shows that the only way to defeat them is to abolish them, or overrule them on every case from the Supreme Court. Let’s hope this is overturned.
REAL Teen is the founder of Right on the Right. He contributes to Stop the ACLU, Gribbit’s Word, Republican Voices, Conservative Spirit and Big Dog’s Weblog.
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22 Responses to “House Wants 9th Circuit to Re-Consider”
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Syndicate Me
Would someone please tell me where in the constitution it says there are ‘parental rights?’ I really wish you people would stop just makjng up rights out of whole cloth.
Hey bob, I think it’s right after the part that states there are ‘reproductive rights’…
Bob, can you show me where in the Constitution it says that schools may teach whatever they wish despite what parents think?
Hey Bob, Would someone please tell me where in the constitution it says there are ‘abortion rights’, ‘gay marriage rights’, ‘homosexual sodomy rights’? I really wish you people would stop just making up rights out of the whole cloth.
Would somebody please even tell me where there is a “right” to public education? At least “parental” rights are grounded in a concept of logical common sense – unlike a woman has a “right” to decide whether or not to have the baby but not how it should be educated?
I think people are overreacting. I read the decision and I agree with it, as a conservative. The trial judge simply said that the curriculum of a local school system is not a FEDERAL matter and sent the case back to state court-where the suit should have been filed in the first place. What’t the big deal? It’s just a matter of state’s rights. Conservatives should be happy with this decision. The last thing we need are federal judges deciding what sex ed classes our kids take. The people of Palmdale need to toss out the school board. It’s not a federal matter.
From what I understand the ruling was a blanket decision that said parents have no rights once their child enters the public school doors on what is taught.
If you read the decision, you will see that the judge simply tossed the case to state court – where is SHOULD have been filed in the first place. People are going overboard here. The judge decided that parents do not have a FEDERAL right to tell local schools what to teach about ANYTHING (including sex), and that such disputes belong in STATE courts. This is a GOOD decision.
Michael go do a little studying and then come back and make a comment.
My parental rights are not handed down to me from the government. That’s absurd that there would have to be something in the Constitution to protect my rights as a parent. I have two young children, one in grade school in California, and if I found out that she was asked sexual questions like those described (e.g., How often do you think about sex? How often do you touch your vagaina?), I would yank my daughter out of that school immediately. But not before directing some very loud and abusive language at her teacher and school administrators! This ruling by the 9th Circuit, if it stands, could ultimately bring down the entire California public school system.
Dethaniel- The following are facts. 1. The parents of the Palmdale students who were given the sex survey CONSENTED to the participation of their children (the parents allege that they were misinformed of the sexual nature of the survey). 2. The survey was some liberal student teacher’s grad school project – it was NOT administered generally to the students in the school system. 3. The judge decided (PROPERLY) that the parent’s Fourteenth Amendment claim against the school system was INVALID and that the parents had a viable STATE case. 4. To that end, the judge tossed the case to STATE court without prejudice 5. The Fourth Circuit Court of Appeals PROPERLY decided that the U.S. Constitution does NOT give parents a general FEDERAL right to challenge the curriculum of local schools, and that the states have the EXCLUSIVE right to determine such issues… You might not like the reality, Dethaniel, but there it is…..
Correction – Should have written “Ninth Circuit Court of Appeals” instead of “Fourth Circuit” I happen to be working a Fourth Circuit appeal now.
Michael, so you are telling me that 320 senators are misguided on this ruling?
Each time I see a reference to something in the Constitution, I get out my copy, courtesy of the Heritage Foundation, to see if I can find it. The “fundamental right of parents to direct the education of their children” isn’t there. But then I couldn’t find any reason for the Federal Government to have a Department of Education, either.
But the Ninth and Tenth Amendments to the Constitution do say that if the Constitution doesn’t enumerate or delegate rights or powers to the US Government, then the States or the people have those rights and powers, if not prohibited by the Constitution.
It looks to me like the States should control education, and if the people don’t like what the States are doing, they can prevent it. The Ninth Circuit Court has overstepped its bounds as seemes to be the custom of these unelected legislatures.
I’m probably taking a simplistic view of this but I don’t see why this ever got into a courtroom. Somebody who gets a kick out of talking to little kids in a graphic manner about sex just needs a good ass beating.
A parents “Right” to raise their children is understood by most if not all sensible persons.I am sure our “Founding Fathers” understood this as a given and so left us with instructions on how to manage ourselves once we were delivered to adulthood by our norturing, devoted parents.
Michael
“But then I couldn’t find any reason for the Federal Government to have a Department of Education, either.”
I have stated the same in the form of a question,numerous times. I have yet to recieve an answer… what say you?
HI!
Loss of parental controls on sex is but one little side of the California child total control problem. For this I refer you toThe Teaching Guide, “ISLAM AND THE MUSLIMS” I have a copy of the 3rd edition of it. C@ 1995.There are newer editions of it. Their web site is, http://www.cie.org. It is approved by both the Council on Islamic Education and CAIR.
This imressionable children are openly taught, while teaching of any other religion or the names of Christian and Jewish deities and Prophets is proscribed by the ??constitutional requirements of total seperation of Church and state??
This guide promotes the teaching and practices of Islam and their prophet Muhammed.
Children in the K-12 grades are openly taught Arabic Church (Mosque practices,e.g. How to align your prayer rug and how to pray towards Makkah 5 times a day.
The text goes on to whitewash all of the negative things included and taught in the Quran.
This teaching guide tells the young how great Islam is and how to dresss properly and all of the peaceful and other wonderful things done by Islam over the years. It s a wonder because All things of and about Judaism and Christianity are not allowed in public schools even Christmas and New years are just winter holidays and Easter /Passover are now just spring break. But Islam and Allah are the greatest. Allahu Hackbar!!
All this and more are done in the public schools. Parents have no right to expect any legal allowances of their rights in a public education enviornment. This very serious error may well be a source of home grown terrorists within the next 12 years.
Paul
Jay- The resolution came from Representatives… Not from the Sentate… And they are “wrong”… They are pandering to the masses…
loboninok – “But then I couldn’t find any reason for the Federal Government to have a Department of Education, either”– Not only is there no reason to have a federal department of education, but I believe that such oversight is dangerous
Michael is right. The ruling may have been unpopular, but it was kicked back where it belonged. It was why the Supreme Court refused to hear it. Its considering the right of a parent to bring a cause of action in federal court. Here there isn’t one.
Pointing out that “320 senators” agreed on the ruling is a complete non sequitur (not to mention that are only 2 senators per state for a total of 100 overall; this bill was passed by the House). There are innumerable things in this country’s past which the majority of legislators seemed to agree on and since apologized for. Even the Pope admits the Vatican acted wrongly sometimes. For decades, the House and Senate continued to stymie civil rights legislation that every one of us—not just minorities—benefits from today. In a democratic nation, we get to disagree with our political representation even when they are united.
In the same vein, responding to the question of where in the Constitution parental rights are by questioning where reproductive rights are in the Constitution is a blatant way to avoid answering the question. If you cannot defend your view with rational arguments and your only response to being questioned on it is to attack the other side, perhaps you should rethink your view.