The House has passed a resolution accusing the U.S. Court of Appeals for the 9th Circuit of undermining the rights of parents to direct the upbringing of their children. The House action stems from a recent ruling in a case involving the distribution of a survey with questions about sex to elementary school pupils.
A three-judge panel of the San Francisco-based court ruled unanimously Nov. 2 that the Palmdale, Calif., school district was within its rights to distribute the survey, which asked, among other questions, how often the children found themselves “thinking about having sex.”
The House resolution passed by a voice vote Nov. 16 urged a larger panel of the full 9th Circuit court to rehear the case “in order to reverse this constitutionally infirm ruling” in Fields v. Palmdale School District.
The parents’ lawyer has told reporters that they will appeal the ruling.