San Francisco, CA – Today, Liberty Counsel filed a Petition for Writ of Certiorari with the United States Supreme Court asking the Court to review the Ninth Circuit Court of Appeals’ decision in Fields v. Palmdale School District. Liberty Counsel represents seven parents in this case who objected to a psychological assessment survey with sexually explicit questions given to their children at Mesquite Elementary School.
Judge Stephen Reinhardt of the Ninth Circuit wrote that parents relinquish their parental rights at the schoolhouse door. Except for the Establishment and Treason Clauses, Reinhardt wrote, parents have no constitutional right to object to psychological sex surveys given to children as young as seven. According to Reinhardt, one of the most reversed judges in the county, public schools have the right to administer sex instruction to any children, at any time and in any manner, notwithstanding the objections of their parents. The survey asked children aged seven to ten 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,” “Not trusting people because they might want sex,” “Getting scared or upset when I think about sex,” “Having sex feelings in my body,” and “Can’t stop thinking about sex.”
The Petition states: “No one believes when a child is dropped off at day care, soccer practice, or summer camp that parents cease being parents…. Although parents might object to subjecting seven-year-old Susie to probing questions about her sexual thoughts, feelings and experiences, as long as the school does not commit treason, the Ninth Circuit’s decision says: ‘Parents – back off. Susie belongs to the public school’… . The breadth of this decision is staggering. It presents an issue of exceptional importance.”
Mathew D. Staver, Founder and Chairman of Liberty Counsel, stated: “The Ninth Circuit’s ruling is deplorable as it strips parents of their constitutional rights to protect their children. Parental involvement in the education of their children should be encouraged, not punished. This ruling is an assault on every parent whose child attends public school. Parents do not cease being parents when their child walks through the schoolhouse gate.”
Following the ruling by the Ninth Circuit, the parents asked Liberty Counsel to represent them. A petition for rehearing filed with the Ninth Circuit was denied, therefore, the Petition filed today requests the U.S. Supreme Court to review the case.