Article Launched: 11/17/2005 12:00:00 AM
House takes on court stance - School
sex-survey decision enrages reps
By Lisa Friedman, Washington Bureau
WASHINGTON - Lawmakers in the U.S. House overwhelmingly
denounced the 9th U.S. Circuit Court of Appeals on
Wednesday for tossing out a lawsuit by Palmdale parents furious
that their children were surveyed at school about sex. In a 320-91
vote, legislators passed a resolution demanding the court rehear
the case and charging that it "declared parenting
unconstitutional" when it rejected last month the Mesquite
Elementary School parents' claim that they have the exclusive right
to tell their children about sex.
The measure carries no enforcement or legal weight but is the
latest in a string of congressional attacks on the 9th Circuit
Court as the House nears a vote on a budget bill that may include a
provision that would split the court. The Senate is expected to
oppose that move. "The 9th Circuit Court decided to
overstep the boundaries of what a court should be doing,"
said Rep. Tim Murphy, R-Pa., who sponsored the Palmdale resolution.
"When it comes to what schools are asking very young
children about sex, the 9th Circuit decided parents not only don't
have the right to say no, they don't even have the right to know
what is being asked," Murphy said. "The court should rehear the
case and reverse the decision."
The case stems from a 2002 survey administered to 13 third- and
fifth-graders by a mental health therapist working on her doctoral
degree. When parents complained, Palmdale School District officials
halted the survey after they learned what questions it contained.
Parents signed permission forms for the survey,
but the forms made no
mention of sexually oriented questions.
Among its questions, the survey asked youngsters to rate
how often they "can't stop thinking about sex" and "not trusting
people because they might want sex." A group of parents sued,
alleging their right to control their children's upbringing had
been violated. But a three-judge panel of the appeals court ruled
that "there is no fundamental right of parents to be the exclusive
provider of information regarding sexual matters to children." Rep.
Howard "Buck,"
McKeon, R-Santa Clarita, who co-sponsored the resolution, said in a
statement the case is "another example of the courts acting
out of the mainstream." "It should primarily be
the parents' right and responsibility to discuss matters of this
nature with their children," he said, noting that he has six
children and 27 grandchildren. "At the very least, parents should be
able to know what their children are being exposed to at school,
and be given the opportunity to opt out of any discussions or
surveys relating to sexual education," he said. Rep. Barney
Frank, D-Mass., noted that the 9th Circuit Court sided with the
school board, and said Republicans who bemoan "judicial activism"
are intellectually dishonest.
"What the majority says is, when we don't like a decision
we'll criticize the courts. That's fine. But why disguise what
you're saying?" Frank said. "Stop pretending you're upset about
activism when what you're really upset about is judicial
passivity." Rep. Howard Berman, D-Van Nuys, also defended
the 9th Circuit and said there are other avenues for fighting a
school district. "We can't solve all of society's problems
by virtue of constitutional law," he said. The resolution
drew support from 94 Democrats, including Rep. Joe Baca, D-San
Bernardino, and Adam Schiff, D-Pasadena. The entire
Southern California Republican delegation supported it, while all
other Democrats in the region opposed it.
Lisa Friedman, (202) 662-8731 [email protected]
