May It Please the Court® A Weblog of Legal News & Observations
Quote of the Day - Quite frankly, teachers are the only profession that teach our children. - Dan Quayle

Who Teaches Your Children About Sex?

You're a parent, and although you dread having the Birds and Bees discussion with your third-grader, you've psyched yourself up and you're ready to go, euphemisms at the ready.  Until your child instead tells you what (s)he learned in school today from the teacher.

That's right, the Palmdale School District beat you to it.  They had schoolchildren answer ten questions about their thoughts about sex as part of teacher's Master's thesis.  (see footnote 3 on page 6 of the opinion for the questions).

The parents were upset enough that they brought suit against the school, claiming that they had exclusive province over the subject area of sex, to the exclusion of the school and its teachers.  The parents claimed the school "robbed" them of their "basic constitutional right" to govern the upbringing of their children, including their right to privacy and a host of other constitutional claims, invoking practically every amendment to the Bill of Rights.

Upholding an earlier lower court ruling, the Ninth Circuit held that no such rights exist in the Constitution, strict constructionist or not. 

Posted by J. Craig Williams on Wednesday, November 02, 2005


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