Thursday, November 03, 2005

 

Judicial Activism

In educating children, the power of the state is absolute

Irrespective of whether the outcome of the case is legally correct, this is an example of an activist ruling. The lawsuit was brought by parents objecting to a sex survey administered to children aged 7-10:
According to the 9th Circuit :

..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.

also:

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.

(Emphasis mine.)
This is breathtaking. Absolutely outrageous. 'No constitutional right to prevent' fundamentally means that the state has complete and absolute control over children.

I was under the impression that the Constitution limited the power of government, not parents. I guess I was wrong.

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