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Nineth Court of Appeals
Strikes Again
School Rights vs. Parents
Rights
One of the most liberal courts
in modern history has decided to remove the rights of the parents in favor of
the public school system. In a California case known as; Fields v.
Palmdale School District, parents were objecting to a battery of 54 sexually
provocative questions presented to elementary students in the Palmdale School
District. Take a look at this ruling...
REINHARDT, Circuit Judge of
the Nineth Court of Appeals:
When parents of schoolchildren in Palmdale, California learned from their
sons and daughters that they had been questioned in their public elementary
school about sexual topics such as the frequency of “thinking about having sex”
and “thinking about touching other peoples’ private parts,” some of them
exercised their constitutional right to take their grievanceto the courts. The
questioning was part of a survey the Palmdale School District was conducting
regarding psychological barriers to learning. The parents brought an action in
district court against the School District and two of its officials for
violating their right to privacy and their right “to control the upbringing of
their children by introducing them to matters of and relating to sex.”
They
brought both federal and state claims. The district court dismissed the federal
causes of action for failure to state a claim upon which relief could be granted
and dismissed the state claims without prejudice to their right to re-file in
state court. We agree, and hold that 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 stu-FIELDS v. PALMDALE SCHOOL DIST. 15063. Finally, we hold that the defendants’
actions were rationally related to a legitimate state purpose.
In early American history both
public and private schools
focused on reading, writing, and math. Parents rights were more important than
the school's rights. It wasn't like Judge Reinhardt said, once you allow
your child to go to a particular school, your parental rights are greatly
reduced. The local church was also involved with the child's
education. In 1840, the first public school was established in Boston.
The liberal establishment seen the public school as a way to try and change behavior and
values to their way of thinking...And perhaps this is where Reinhardt draws for
his ruling.
You put together a liberal school
with a liberal court and now you got government telling you the establishment
has the right now you to display what ever they want to your child and you have
no say whatsoever...It's my contention that home schooling is the best. The Nineth Court of Appeals though a small fraction of the courts today can be
used as a model of things to come for Christian parents. However, if you
are a Christian parent who is unable to home school, it's important to fight the
liberal establishment, and if need be take your child out of that school which
strips you of your rights as a parent under the authority of Christ...
Related Topics
The
Religious Rights of a
Child in the Public School System
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