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Contact: Cindy Roberts (662) 844-5036 ext. 227
For Immediate Release:  11/3/2005

Court Oks School Deception of Parents on Sex-Ed Survey

(Tupelo, MS) - The Ninth Circuit U.S. Court of Appeals sided with California’s Palmdale School District yesterday against parents who alleged that the school had interfered with their constitutional rights by authorizing a survey to be administered to their children without disclosing to the parents that the survey contained questions covering sexual subjects.

Prior to administering the survey, a letter was mailed to the parents of children who ranged in age from seven to ten. The letter described the goal of the assessment as “establish[ing] a community baseline measure of children’s exposure to early trauma (for example, violence).” The letter did not disclose that of 79 questions, the children would be asked ten questions rating areas such as “touching my private parts,” “thinking about having sex,” “having sex feelings in my body” and “can’t stop thinking about sex.”

Writing for a unanimous three judge panel, Judge Steven Reinhardt summarized the courts’ holding, saying, “We hold 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 . . . .’” Reinhardt continued, “We conclude only that the parents are possess (sic) of no constitutional right to prevent the public schools from providing information on [sex-ed] to their students in any forum or manner they select.”

Brian Fahling, senior trial attorney for the American Family Association Center for Law & Policy called the decision “extremely disturbing,” saying, “the court has held that once parents send their children to public schools the children are essentially guinea pigs that the school may do with as they please.

“The court,” continued Fahling, “failed even to consider the deception of the school in failing to disclose that the children would be exposed to questions about sex.

“This decision certainly underscores the importance of putting judges like Judge Alito on the bench,” Fahling added.

American Family Association is a pro-family advocacy organization with over two million online supporters.

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