From the 9th Circuit Court of the United States, Fields, Haberman, Hoaglin, Shelter V. Palmdale School District:

    “We agree, 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.”

    “They asserted that there is no deeply rooted and 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.'”

    “Parents have a right to inform their children when and as they wish on the subject of sex; they have no constitutional right, however, to prevent a publich school from providing its students with whatever information it wishes to provide, sexual or otherwise, when and as the school determines that it is appropriate to do so.”

    “While parents may have a fundamental right to decide whether to send their child to a public school, they do not have a fundamental right generally to direct how a public school teaches their child. Whether it is the school curriculum, the hours of the school day, school discipline, the timing and content of examinations, the individuals hired to teach at the school, the extracurricular activities hired to teach at the school, or, as here, a dress code, these issues of public education are generally ‘committed to the control of state and local authorities.'” – US Sixth Circuit Court, quoted by 9th Circuit

    “In sum, we affirm that the Meyer-Pierce right does not extend beyond the threshold of the school door. The parents’ asserted right ‘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,” by which they mean the right to limit what public schools or other state actors may tell their children regarding sexual matters, is not encompassed within the Meyer-Pierce right to control their children’s upbringing and education.”

    “In summary, we hold that 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’ and that the asserted right is not encompassed by any other fundamental right. In doing so, we do not quarrel with the parents’ right to inform and advise their children about the subject of sex as they see fit. We conclude only that the parents are possessed of no constitutional right to prevent the public schools from providing information on that subject to their students in any forum or manner they select.”

    This infuriates me. Essentially, once you send your child through the doors of a public school, you relinquish the right to choose to excuse your child from any curriculum or information the school decides to throw at your child. There was a time when, if your child was in a class that would be showing an R rated film, you could have them excused without question. There was a time when, if you did not want your child to have to go through sex education in a public school, you could have them excused without question. Now, they are subjected to psychological research without full parental awareness, let alone permission. I just heard about a middle school in Maryland that has shut down any parental awareness of their sex education programs, refusing to let the parents see the textbooks and the children are instructed not to speak with their parents about what they heard in class.

    I will never give my children up to the state to be molded and shaped by politicians with agendas, psychologists, and other opportunists, all who refuse to let me be involved or informed of my child’s development. A parent has an absolute right to decide what their child is exposed to; that’s what freedom is all about, freedom from state interference in your personal decisions, so long as they are within the laws that protect society.

    We constantly talk about the separation of church and state, we go to great lengths to attempt to protect it. Yet we are ignoring the separation of state from the inalienable right of each individual to life, liberty, and the pursuit of happiness. We have the right to create life without interference from the state, but are we to sit idly by as once we have created that life, if we send our progeny through the doors of a state school, that we relinquish all right to have any say in the development of the very life we created? We can decide to create, but not to nurture, for we are left to the whims and politics of the state. That is no pursuit of happiness, not for us nor for our children. Our pursuit is our own and always should be, it should not be the homogenous pursuit of the state and the changing tides of its politics.

    I do not mean to say that every parent should have the right to sway the development of school curriculum down to the last iota of information. But each parent has the right to be informed of what their child is being taught, and they should have the inalienable right to refuse to expose their child to such information. If this cannot be accomplished, if this cannot be promised by the state, then every parent should be informed of the lack of their rights before they make the decision to send their child through the doors of a public school. How many parents know what they are giving up when they make that decision? These days we cannot visit a doctor without signing off on an acknowledgement of our rights, we cannot sign up for a free email account with reading and understanding a terms of use agreement. Why then, are we asked to send our children away to school without being informed of our rights, or lack thereof? There is a discontinuity in the law that needs to be addressed, regardless of what the courts decide is or is not a parents’ right. Anyone in this country who sacrifices a right must do so individually, with full knowledge of their sacrifice. Otherwise they have been blindly robbed of the very liberty and pursuit of happiness that this country was founded upon.