Thursday, November 03, 2005

Oh, this has got Rove's fingerprints all OVER it...

The Ninth Circuit strikes again...

Say you've just nominated a conservative to SCOTUS and you're hearing a little hemming-and-hawing about how your choice to WAY to far to the right of mainstream America and there just might be a battle. How do you ensure that you've got popular support for your choice?

A. Get all Machiavellian and tell the American public "I'm the President and you're not, so bite me";

B. Say a prayer, light a candle and hope that your nominee gets confirmed on his merits; or,

C. Convince the Ninth Circuit to issue a ruling saying that parents do not have the right to be the exclusive provider of information to their elementary-aged children on the subject of sex...if the public school system wants to quiz your child on their sexual feelings, you, as the parent, must deal with it.

If you chose C., you would be correct!

"…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. In doing so, we do not quarrel with the parents’ right to inform and advise their children about the subject of sex as they see fit. 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."

Isn't that special?

Just as a little refresher, this is the same court who ruled the Pledge of Allegiance unconstitutional. Gotta love them.

The link for the entire ruling is below:

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/E8695945B7C6F6B5882570AD0051320A/$file/0356499.pdf?openelement

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