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November 17, 2005 U.S. House Passes Resolution Urging Ninth Circuit to Rehear Sex Survey Case Liberty Counsel will ask the Ninth Circuit to set aside the ruling and rehear the case Palmdale, CA - Late yesterday the U.S. House of Representatives overwhelmingly passed a resolution calling on the Ninth Circuit Court of Appeals to rehear the sex survey case of Fields v. Palmdale School District. Following the ruling by the court a few weeks ago, the seven parents in the case asked Liberty Counsel to represent them and become lead counsel. Liberty Counsel has taken up the fight of these parents and will soon be filing a petition asking the Ninth Circuit to set aside the ruling and rehear the case. Writing for the court, Judge Stephen Reinhardt, the same judge who ruled that the Pledge of Allegiance is unconstitutional, wrote that parental rights stop at the "threshold of the school door." In the Fields case, the parents objected to sex questions given to children as young as seven. The survey required a "Yes" or "No" answer to questions such as: "Can't stop thinking about sex." The resolution (H. Res. 547), sponsored by Rep. Tim Murphy, R-Pa., passed by a vote of 320-91. Twenty-two representatives did not cast votes, including House Minority Leader Nancy Pelosi (D-Calif.). The resolution urges the Ninth Circuit to rehear the case "en banc," which means that all the judges in the circuit would participate in the ruling, rather than just the original three-judge panel. The resolution states that "the fundamental right of parents to direct the education of their children is firmly grounded in the Nation's Constitution and traditions." The resolution also states that the Ninth Circuit's ruling "undermines the fundamental right of parents to direct the upbringing of their children." Rep. Murphy stated: "I believe the Court's decision overreached the issues in the case, overreached in its conclusions, and needs to be overturned." He also stated: "On behalf of every parent in America, Congress calls upon the courts to correct this deplorable injustice." Mathew D. Staver, President and General Counsel of Liberty Counsel, stated: "Congress rarely passes a resolution condemning a court's ruling. This resolution is extraordinary because the decision by the Ninth Circuit is extraordinary. This resolution expresses the overwhelming sentiment in America that this ruling is deplorable. No one would ever think that when they drop their children off at school, they forfeit their parental rights, but that's exactly what this court ruled. This ruling is the worst assault on parental rights issued by any court. We will ask the full panel of judges on the Ninth Circuit to rehear this case, and we pray that this ruling will become a mere blip on the radar screen that quickly fades away." Liberty Counsel will ask the full panel of the Ninth Circuit to set aside the ruling. Liberty Counsel is also prepared to ask the Supreme Court to hear the case. Get Involved Now! This case should alarm all parents! We must not lose this battle. Please help support our efforts to preserve parental rights by giving a year-end contribution to Liberty Counsel. A Great Christmas Gift for Children The New England Primer is a good example of early American education. Introduced in the Boston public schools in 1690, for the next two centuries the New England Primer was a required textbook from which every first grader learned grammar and spelling. This little book taught first graders the alphabet using religious references. For the letter "A", the students learned, "In Adam's Fall, We sinned all." For the letter "C", the students recited: "Christ crucified, For sinners died." To obtain a copy of this wonderful little book, call us at 1-800-671-1776 or go to our online store. Become a Liberty Alert Sponsor of the Month and your company's message will appear here and on our web site, which receives over 100,000 hits per month. For details, please email liberty@lc.org or call 800-671-1776. Make a tax-deductible online donation to this ministry Request
a complimentary subscription Liberty Counsel, headquartered in Orlando, Florida, is a nonprofit litigation, education and policy organization dedicated to advancing religious freedom, the sanctity of human life and the traditional family. On the campus of Liberty University School of Law in Lynchburg, Virginia, Liberty Counsel's Center for Constitutional Litigation and Policy trains attorneys, law students, policymakers, legislators, clergy and world leaders in constitutional principles and government policies. Mathew
D. Staver, Esq. Restoring
the culture one case at a time by advancing religious freedom, the sanctity
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