On the recordNovember 16, 2005
I will vote against House Resolution 547 today, but I want to clearly state my reasons for doing so. In particular, I want the record to show that I strongly disagree with the highly misguided decision of the Palmdale School District in California to administer a questionnaire to young children that included totally inappropriate questions concerning sex. If there was a law that blocked elected school boards from making boneheaded decisions, the action of the Palmdale School District would fall squarely within its purview. But that is not what the Chairman of the Judiciary Committee has brought before us today. Instead, the resolution condemns the 9th Circuit Court of Appeals for not finding a law or constitutional principle to override the decisions of democratically-elected school board members. My friends on the other side of the aisle often rail against ``activist judges'' and complain when, in their opinion, judges make law from the bench. As has been noted by others, it appears that in this case the Majority objects to the fact that the 9th Circuit judges were not activist enough. There are many avenues for parents who disagree with any decision made by their local school board. In this particular case, the public outcry against the Palmdale School District questionnaire resulted in the survey being promptly discontinued. If parents wish further redress, they may also vote the school board out of office.…
Source
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