Damn straight. Justices Scalia, Thomas, and Roberts would all uphold this opinion. The federal courts simply have no power to interfere with idiotic local school boards.
You're absolutely right. Everyone else on this thread doesn't like the result, so they assume it was wrongly decided. But that doesn't always follow.
There is a federal law giving parents the right to prevent schools from doing this type of stuff with kids without the consent of the parents. But these parents signed a waiver permitting their kids to take this survey. They signed the waiver without knowing what was on the survey, which was stupid. But sign it they did.
The parents in this case were asking the federal courts to invent a new Constitutional right. The right of parents to be the only people permitted to teach their kids anything about sex. Well, that may be a right they "should" have, but I'd love to see anyone here quote the particular part of the Constitution in which that fundamental right is found.
The proper rememdy for this is legislative -- either at the state or federal level. In fact, the Feds did have a law, but the parents waived their rights. You don't invent new Constitutional rights jsut because you think they "should" be in there.
Now, all that aside, Reinhardt is a hypocritical activist who has no problem inventing new Constitutional rights that he believes are appropriate. But in this
case, he was right not to do it.
On that point you are probably correct. That wasn't what I am talking about. You just had a nice contingent here support a Federal lawsuit in Pennsylvania on a local school curriculum. There is, IMHO, an undercurrent in all this that vaguely reminds me of the Elian case, i.e., that children are the property of the State.
I've seen people argue that when a parent sends their child to school, that they lose all rights to know and influence what that child is being taught. That is unadulterated BS. It's one thing if the parent is warehousing his/her kids, its another when there is a legitimate concern.
I guess the only solution is to pull the kids out of the public school system and either homeschool or perhaps start the 'old red schoolhouse' which would work outside 'the system'.