Parents Petition for Re-Hearing of Ninth's 'Parental Rights' Case
by Allie Martin
November 14, 2005
(AgapePress) - - Seven California parents are asking the Ninth U.S. Circuit Court of Appeals to re-hear a case involving parental rights in public schools.In Fields v. Palmdale School District, a three-judge panel ruled that parental rights to direct a child's upbringing stop at the school's front door. Parents had objected to a survey administered to young students (first-, third-, and fifth-graders) which asked sexually explicit questions -- without the parents knowledge or consent. Several parents filed a lawsuit against the school district. But Judge Steven Reinhardt, writing for the Ninth Circuit 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 ....'"
It was not surprising that pro-family groups were incensed by the ruling. Labeling first the school district's actions as "deceptive," legal advocates for family groups described the panel's ruling "deeply troubling," "unthinkable," and an "egregious example of judicial tyranny." Mat Staver is president and general counsel of Liberty Counsel, which represents the seven parents asking for a re-hearing. Staver says the ruling should be set aside.
Mat Staver | |
"Most Americans would be shocked to learn that this court has said that parental rights stop at the threshold of the school door," he says, "that when they drop their children off at school, they lose their parental authority."And the court, he says, has essentially told parents they have only one choice: to put their children in public school or not -- "and once they make that choice," he adds, "they have lost their parental authority during the school hours."
Staver calls the ruling is shocking, even coming from the liberal Ninth Circuit Court, because it says "the school can teach anything, at any time, to any grade, in any way it deems fit -- no matter how sexually explicit and how objectionable."
The attorney says the court ruled that schools can teach children anything short of committing treason. "That is the prerogative of the school, according to this court," he adds. Staver says his legal group is prepared to ask the U.S. Supreme Court to hear the case, if necessary.
Allie Martin, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.
