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http://www.cnsnews.com/news/viewstory.asp?Page=%5CCulture%5Carchive%5C200511%5CCUL20051116b.html

House Urges Ninth Circuit to Rehear Sex Survey Case

By Nathan Burchfiel
CNSNews.com Correspondent
November 16, 2005

(CNSNews.com) - The House of Representatives on Wednesday adopted a resolution that urges the Ninth U.S. Circuit Court of Appeals to rehear the case of Fields vs. Palmdale School District.

The resolution passed by a vote of 320-to-91. Twenty-two representatives did not cast votes, including House Minority Leader Nancy Pelosi (D-Calif.).

The resolution urges, but does not require, the Ninth Circuit to rehear the case "en banc," meaning that all judges in the circuit would participate in the ruling.

In the original decision, three of the court's 47 judges presided over the case.

Parents sued California's Palmdale school district over a survey given to first, third and fifth graders that asked sexually explicit questions. In a controversial decision, the Ninth Circuit panel ruled that "... there is no fundamental right of parents to be the exclusive provider of information regarding sexual matters to their children."

The adopted resolution states that "the fundamental right of parents to direct the education of their children is firmly grounded in the Nation's Constitution and traditions." It also says the court ruling "undermines the fundamental right of parents to direct the upbringing of their children."

The bill's sponsor, Rep. Tim Murphy (R-Pa.), praised the House's action in a press release. "I believe the Court's decision overreached the issues in the case, overreached in its conclusions, and needs to be overturned," he said. "On behalf of every parent in America, Congress calls upon the courts to correct this deplorable injustice."

Murphy has also expressed his support for several bills in the House and Senate that would split the Ninth Circuit into two or more courts. The circuit has angered many Americans, especially conservatives, with decisions like the sex survey case and its decision that found the Pledge of Allegiance unconstitutional.

The Ninth Circuit could also hear a case against the motto "in God we Trust" that is found on United States currency, which is being brought by Michael Newdow, the atheist who led the challenges against the Pledge.