Posted on 11/03/2005 6:19:42 AM PST by Blood of Tyrants
However the court specificly stated that parents have no control over what a school presents.
By establishing law that requires mandatory attendance in school, the "choice" of parents to send them there is coerced at best. The court now says that once there, parents can simply stfu.
Like you said, it is the 9th Circus that has an 80% overturn rate.
Yea, I searched several key words in the proper title and didn't find it.
In 1913 with the election of Woodrow Wilson. His adminsitration pushed through the 16th, 17th, 18th, AND 19th Amendments to the Constitution of which the 16th (income tax), 17th (popular election of senators), and 18th (prohibition) have proven to be complete DISASTERS for this country. The 16th gave Congress the ability to literally tax the people at 100% if they wanted (and at one time the top tax rate was an incredible 91%!) The 17th took the power of the states to be properly represented in the government away and the 18th brought gangland killings and the 1934 National Firearms Act that was supposed to "make us safer" by institution unconstitutional restrictions on gun ownership. Some might argue that the 19th (women's sufferage) was a huge mistake, too. :^)
I don't see the decision being that broad-based. The court specifically held that the right to control the content of their children's education isn't a U.S. constitutional right, at least as a "fundamental right" which doesn't have to be tied to a specific right or federal statute. That doesn't mean they have no control whatsoever. They can replead or go into state court and possibly prevail, just not under a somewhat vague claim of "fundamental right".
Here they were required to consent to the survey beforehand and these parents apparently signed the consent. The consent was required by some law, although I don't know which it was. I'm fairly certain the school district wouldn't go to the trouble of getting the consent without being required to do so. The issue then is a state claim of perhaps fraud or some other actionable claim of deceit in obtaining their consent.
All I am saying is that the holding is actually fairly narrow and I don't see the dicta about parents not having unlimited rights as coming back to haunt them or as giving school districts carte blanche for their programs. If these parents went forward with an argument, which seems likely, that they had "exclusive" right to educate their children in sexual matters, then the argument is ridiculous. Jails are full of people who tried to educate their kids sexually. The state has a legitimate interest in those matters and to assert an "exclusive right" is factually wrong. This case is a judgment on the merits of the pleadings, not the merits of the parents' concerns. They just need to plead better and in the right forum.
The real holding of the case is that the parents failed to state a federal claim in their complaint so there is no federal jurisdiction of the matter. I see your concern about the language but it is easy to argue that such language was part of the holding and therefore not binding on anyone.
Turnover the judges and this might not be the case.
Is everyone asleep???!!! It's been that way for a L-O-N-G time. Why do we LET the Socialists roll over us? Our society is being destroyed, and yet we do nothing. We just stand by and watch. Why are we so passive?
We definitely need to keep our eyes on these guys.
That's not how I read it:
School’s Queries About Sexual Feelings Not a Privacy Violation:
In the absence of a fundamental right, the district’s survey needed only to be rationally related to a legitimate state interest to survive judicial scrutiny, Reinhardt said. Protecting the mental health of students and improving their ability to learn was a legitimate goal, he said, and it was not unreasonable for the district to think administering the survey would promote it.
Unfortunately, we have been "semi-chilling" for way too long. I always thought our laws were to be for the good of all and actually had a little bit of common sense.
Being a layman, not an attorney, reading matters as this angers me. Being the victim of a Liberal Witchhunt a few years ago, from Public School Administrators and CPS, it all really p***es me off.
Common sense needs to return to our society and the Judiciary.
I understand your point of view but the court is still only speaking to the pleadings. It is saying that unless the plaintiffs can come up with a constitutional right, then as far as constitutional review was involved, the action of the school district would not be held up to strict scrutiny. That doesn't mean no scrutiny. And it doesn't mean that other laws, not constitution provisions, might give the parents rights here.
The whole issue faced by the court was whether the district court was correct in dismissing the federal claims and remanding the state claims to the state court. The holding was that the plaintiffs pleaded no constitutional grounds or federal legislative on which the federal courts could take jurisdiction and therefore the district court was correct in dismissing the federal claims. Anything else is language that can be cited as persuasive but not governing.
I understand. We have been semi-chilling for far too long and I don't know what we will have to do to regain control of our lives from activist judges. However, if anything, these judges have stepped back and not ruled. They have made some unfortunate comments but they are not binding on any court or party. This has not been a trial on the merits, only on the pleadings. They are still free to sue in state court or to resubmit pleadings with more specific constitutional or federal authority for their claims.
Incidentally, my husband and I took our daughters out of public schools and never regretted it. And, word to the wise, never agree to school surveys like this, at least not without actually examining the proposed survey. The parents should have at least requested to see the survey and then their claims might have been stronger.
One of the many reasons we homeschool.
Given that it is well-known that school districts pull this sort of stunt all the time, why would anybody choose to feed their precious children into the state-run education machine? It boggles my mind.
I am all for applying political pressure to change schools to try to get them to stop such nonsense, but I have no illusion that such efforts will have an immediate effect and protect the children from the current programs. I remember programs like this from when I was in school 25 years ago. If change is to be made, it will happen slowly. Parents must make the immediate decision to protect their children by removing them from the harmful environment.
Good parents wouldn't let thier children hang out at a pick-up bar or at the porno house. Why should they allow the same kind of exposure in a school setting? I know it sounds harsh, but parents who send their children to public schools are getting what they deserve.
Of course, no child deserves to be abused in this fashion. That is why we must work to stop it.
Because you miss the fact that the ultimate goal of the liberals is to make sex between adults and children socially acceptable.
But surely no parent wishes to make sex between an adult and their own children acceptable, socially or otherwise. So I do not understand the motive of individual parents who sacrifice their precious children on the altar of state-run education.
I know that the public schools are going to be evil. I can't claim to know why, but I don't need to know why. I know what they will do, and that is enough information to let me make the right decision for my children.
Look at my tagline. Satan and evil are REAL. Satan was kicked out of heaven and his ultimate goal is to make earth into his own perverted "heaven". Think about it. Remove all taboos and protections so that literally ANYTHING hedonistic you want is allowed and to many people, THAT is heaven. There have ALWAYS been people who are stupid enough to follow those who sound so reasonable. Stalin called them useful idiots and that is one of the best decriptions ever invented. There is a reason that Satan is called the Father of Lies.
The Muslims have already turned heaven into their personal rape rooms where they get to force themselves onto a new virgin every night.
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