judges isn’t important, then perhaps you should read this.
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.
We cannot overstate the significance of these rights. They symbolize the importance of our evolving understanding of the nature of our Constitution. See Stephen G. Breyer, Active Liberty: Interpreting Our Democratic Constitution (2005).
In fine, education is not merely about teaching the basics of reading, writing, and arithmetic. Education serves higher civic and social functions, including the rearing of children into healthy, productive, and responsible adults and the cultivation of talented and qualified leaders of diverse backgrounds.
I’m not sure what I think about this ruling. Knowing that it comes out of the 9th Circuit gives me an immediate bias against it, making any opinion I might have at this point kneejerk. I’ll have to give it some thought, but initially, the language in the opinion provokes a pretty severe reaction in my mind. Think about this: the state FORCES (for all practical purposes to the overwhelming majority of citizens) parents to send their children to public schools, then this court states that parents have no due process as to the information the state can then disseminate to our children.
Update 1:50 pm: Forgot to hat tip NRO on this. Check it out, there are some very good posts over there. Most think the court got the law right. Still doesn’t feel right to me.