Submitted by frlarry on Thu, 11/17/2005 - 00:24

CNS News reported (6:47 P.M.) that the Congress just weighed in on the Fields vs. Palmdale case. See House Urges Ninth Circuit to Rehear Sex Survey Case -- 11/16/2005. By a 320 to 91 margin (with 22 abstaining or absent) the House resolved that the 9th Circuit should rehear the case "en banc", i.e., with all 47 judges. It was the sense of the House that, "the fundamental right of parents to direct the education of their children is firmly grounded in the Nation's Constitution and traditions... (and the 9th Circuit ruling) undermines the fundamental right of parents to direct the upbringing of their children." We can clarify this by noting that the 9th Circuit ignored the limits to the plaintiffs' ability to seek remedies in sending their children to private schools or to dedicate the time to teach them at home. With no remedy for the peremptory actions of the Palmdale school district, the children of the plaintiffs had to be exposed to what the school district, and not their parents, considered beneficial to their sex education. If the full 9th Circuit rehears the case, and given Congress' clear signal of dissatisfaction, it will be very interesting to see if they uphold the decision of the 3 judge panel.