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.

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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.

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