James Dobson

A federal appeals court's dismissal of a lawsuit by parents outraged that a school district surveyed their elementary school-age children about sex is "frightening," says family advocate James Dobson.

"I think that's one of the most frightening examples of judicial tyranny that has come down," said Dobson, founder and head of Focus on the Family, on his daily radio broadcast.

Dobson called the 9th Circuit "the most out-of-control, imperious, unelected, unaccountable court in the country."

The court determined there is "no fundamental right of parents to be the exclusive provider of information regarding sexual matters to their children."

"What parents do not have is the right to raise their own children," Dobson said.

He noted the ruling concerned not only sex education but the whole curriculum.

"I mean the parents either have the responsibility to raise their own children or they don't," said Dobson.

The three-judge panel of the full court further ruled that 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."

Six parents sued the Palmdale, Calif., School District after finding out their kids had been asked a series of sexual questions in class. They included asking the children about the frequency of:

• Touching my private parts too much

• Thinking about having sex

• Thinking about touching other people's private parts

• Thinking about sex when I don't want to

• Washing myself because I feel dirty on the inside

• Not trusting people because they might want sex

• Getting scared or upset when I think about sex

• Having sex feelings in my body

• Can't stop thinking about sex

• Getting upset when people talk about sex

Judge Stephen Reinhardt wrote the unanimous opinion for the court [pdf file]. Referring to the fact the parents lost their case at the district-court level, Reinhardt wrote:

We agree [with the previous ruling], and hold that there is no fundamental right of parents to be the exclusive provider of information regarding sexual matters to their children, either independent of their right to direct the upbringing and education of their children or encompassed by it. We also hold that 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. Finally, we hold that the defendants' actions were rationally related to a legitimate state purpose. [emphasis Reinhardt's].

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