http://www.cnsnews.com/ViewCulture.asp?Page=\Culture\archive\200511\CUL20051103b.html Appeals Court Declares Parenthood Unconstitutional, Group Says By Susan Jones CNSNews.com Senior Editor November 03, 2005 (CNSNews.com) - A new ruling from the 9th U.S. Circuit Court of Appeals is prompting cries of judicial activism. On Wednesday the court dismissed a lawsuit brought by California parents who were outraged over a sex survey given to public school students in the first, third and fifth grades. Among other things, the survey administered by the Palmdale School District asked children if they ever thought about having sex or touching other people's "private parts" and whether they could "stop thinking about having sex." The parents argued that they -- not the public schools -- have the sole right "to control the upbringing of their children by introducing them to matters of and relating to sex." But o n Wednesday, a three-judge panel of the 9th Circuit dismissed the case, saying, "There is no fundamental right of parents to be the exclusive provider of information regarding sexual matters to their children...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."