To all: Please read the brief account below of the latest action by our out-of-control judiciary. In summary, the 9th Circuit has held that parents to do not have the right to control the sex education of their children.

What the author doesn't note is that this decision is consistent with, and was perhaps reached by, the reasoning in Robert Reich's article in which he asserted that homeschooling should be heavily regulated because parental control of education is inconsistent with the interests of the government and the interest of children in "autonomy."

This underscores the need for growing homeschooling. As I have pointed out in the past, we are always one election away from a disaster. Consequently, I have attached the press release for Exodus Mandate's Homeschooling-Family-to-Family initiative. Please take a look at it and help us get the messaage to experienced homeschoolers at the grassroots that we must become homeschool evangelists. We need to grow and strengthen out local and state homeschool organizations. God's peace be with you, Bruce Shortt

Parents Latest Victims of Judicial Activism

Posted By Bobby Eberle On November 3, 2005 at 8:13 am

In a case that is sparking controversy among conservative and pro-family groups, the notoriously liberal 9th Circuit Court of Appeals ruled this week that parents do not have exclusive rights over their children when it comes to providing sexual education. This ruling is one of many, including the infamous “Under God” decision, which has established this court as the poster child for judicial activism.

As reported in Appeals Court Declares Parenthood Unconstitutional, Group Says, the 9th Circuit dismissed a case brought by California parents who were “outraged over a sex survey given to public school students in the first, third and fifth grades.”

According to the report:

The parents argued that they — not the public schools — have the sole right “to control the upbringing of their children by introducing them to matters of and relating to sex.”

However, on Wednesday, the three-judge panel of the 9th Circuit said:

There is no fundamental right of parents to be the exclusive provider of information regarding sexual matters to their children. … 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.

Judicial activism is one of the most diabolical aspects of our current government, and it is one which the founding fathers certainly did not anticipate. Whether the activism is by liberals or conservatives, the right approach for a judge is to examine the law as written, the Constitution (state or federal), and rule according to what’s written. If times have changed, and society has evolved, then there are mechanisms in place such as enacting new laws or amending a constitution to cover those situations.

As Rachel Alexander pointed out yesterday, current Supreme Court nominee Judge Samuel Alito has issued rulings over his career that might leave some wondering where he stands on abortion. Although these cases will certainly be reviewed in detail, the key point to keep in mind is that America does not want a judicial activist. Rulings should be based on the law and the Constitution and not the personal beliefs of a judge.