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"You Have No Rights With Your Children. 9th Circuit Rules" By Pastor Derick Dickens

You have no rights with your Children, 9th Circuit Rules
by Pastor Derick Dickens


The Ninth Circuit Court of Appeals recently released an opinion that may severely hinder parent’s rights in their district and potentially across the United States of America. In a 23 page opinion released yesterday, they, according to family advocate groups, call the decision, “extremely disturbing,” saying, “the court has held that once parents send their children to public schools the children are essentially guinea pigs that the school may do with as they please.”

According the decision released by the Ninth Circuit Court, 1st, 3rd, and 5th graders were given a survey. In the survey they were asked many questions as related below. Now, when reading, imagine your 1st, 3rd, and 5th graders being asked some of the questions below. The Ninth Circuit stated, and I quote:


When parents of schoolchildren in Palmdale, California learned from their sons and daughters that they had been questioned in their public elementary school about sexual topics such as the frequency of “thinking about having sex” and “thinking about touching other peoples’ private parts,” some of them exercised their constitutional right to take their grievance to the courts. The questioning was part of a survey the Palmdale School District was conducting regarding psychological barriers to learning. The parents brought an action in district court against the School District and two of its officials for violating their right to privacy and their right “to control the upbringing of their children by introducing them to matters of and relating to sex.”


While the school board did request permission from the parents to survey the kids, the permission slip stated they were studying “trauma” but said nothing about sexual explicit questions. The issue is more than sex education; the decision goes further by stating:


”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. Finally, we hold that the defendants’ actions were rationally related to a legitimate state purpose.”(Emphasis Mine)


In essence, the decision states that parents have not privacy rights or rights to raise their children in a manner they think acceptable when such rights violate the states “legitimate” purposes. In other words, the state takes precedence over the individual in raising children. Parents are no longer exclusive providers of their home nor do they have authority over the child when it conflicts with the school board’s wishes. As well, this is in stark contrast to the Biblical understanding of family.

Liberalism, in the mainstream, believes the highest authority and allegiance should be the state. Like communism, they see nothing higher nor deserving any higher allegiance. Thus, liberty is a right given by the state not from God. The state begins to define “rights”, “liberty” and “freedom”. The entire purpose of the people is to the state not to God, the Bible, or any other standard. Anything that contradicts the advancement of the state’s goals is considered immoral.

This is very similar to the German approach to Homeschooling that has seen Homeschool families arrested and their kids forcefully removed from homes and placed in foster care because the parents will not give allegiance to the state education system.

Yet, the issue is, “Who does our children belong to?” Are parents subservient to the state in matters of rearing their kids? Does the state have ultimate say in how a child is educated and at what age they learn about sex? These are questions that I have sought to answer before and have done so in public venues, but today in light of the decision of November 2, 2005, I am going to address this once more.

1. Children are a blessing of God given to parents. From the beginning in Genesis, God brings a husband and wife together to bring forth a Godly offspring (Malachi 2:15). The entire purpose of marriage is not to have children, but having children is very important. Many times, more than we can count, does the Bible refer to “your children” or “my children”, the use of the possession is very telling to whom the children belong. These children are a blessing from the Lord to the parents (Psalms 127:5). These precious bundles of joy were given by God to the parents. They are not for use as pawns in the state’s mandates, but are given so to bring glory to God. The ultimate decision in raising the children belongs to the parents.

2. The education of Children is the sole responsibility of parents, not the state. The book of Proverbs was written by a father to his sons for the purpose of education. Deuteronomy 6:6-7, we are commanded to be the primary religious and secular teachers. The responsibility of teaching is laid squarely on the parents. We are commanded to “train up a child in the way He should go” (Proverbs 22:6), which is a command to the parents not the government. No where in the Bible is the state seen as responsible for the education of the child, but over and over are the parents shown as the primary educators of the children. Parents are seen to be guardians of them and commanded to provide and protect

3. Children are to place special honor to the parents that the state should not hold. The Bible commands children in the 5th Commandment to “honor your father and mother”. In Ephesians 6:1-2, we see that children are to obey their parents in the Lord. There is a special relationship between the parents and the children and a loyalty in the familial relationship that is absent to any other entity. God has given the children to the parents for one clear reason, to raise them up to be Godly for the Glory of God.

4. A heritage of children is glorious to the parents. In the Old Testament, we often see that the way god blessed people were through children and land. To Abraham, God promised both land and abundance of children. To Jacob, God promises his people would occupy the land and they would be a great “nation” of people. To the slaves in Egypt, the promise to bring them out detailed both the land promise of Abraham and the growth of the people. Perhaps, one of the greatest curses would be to take control of children from that of parents. In some regard, this must happen in tyrannical situations. Otherwise, the parents should have freedom based upon the Bible to raise their children.

Thus, to the Christian, this decision as written is a violation of our religious freedom and our beliefs. When a culture begins to redefine family, the importance of family will deteriorate to the point of destruction. As a result, the common bonds we see in the Bible and assumed everyone took for granted will soon be questioned. Kids will no longer belong to parents but the state for the purpose of the state.

The obvious rebuttal from liberals is that there is no Constitutional right to parent listed in the Constitution. I might remind the government and liberals that there is not Constitutional right of government to usurp a parents rights or the religion of parents in California.

Other Comments and Commentators

Here are a few other perspectives on just what has happened through this ruling:

Dr. Albert Mohler Comments - America’s Parents Served Notice.

Pastor Tim Bayly (a new addition to my recommended blog roll introduced to me by Pastor Fred Greco) reports here - Court Subverts Parental Authority.

Dr. James White's Blog - When Unrighteous Judges Rule the Land.

And here is ther ruling from the Court itself - Opinion by Judge Reinhardt, November 2, 2005.

A Biblical Response

So what are we to do about this? First PRAY. Then educate yourself, both about what the Bible has to say about parental responsibility and authority, and about what the world system in which we live is doing to undermine what the Bible teaches. Here are a few sermons, taken from my series in 2003-2004 on God's Design for the Family that address some of these specific issues and provide Biblical insight and direction for what God desires and expects from us as citizens of His Kingdom and Pilgrims in this fallen world:

The Assault on Marriage - James 4:1-6
God's Purpose for Children - Psalm 127
God's Plan for Parenting - Proverbs 22:6; Ephesians 6:4
Jesus Defines and Defends Marriage - Matthew 19:3-8

And here are links for an important sermon in 2 parts that deals with the absolute command by God for His people to be worshipping Him daily as a family unit! God commands Family Worship. Family Worship - Part 1 and Part 2.

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