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‘Parents cannot exercise their religious duty to raise and care for their children at this very critical time.’
The lawsuit over whether parents are allowed to know what schools say to their children is set to continue.
An official of the Thomas More Society says that the United States has this to say: California District Court Judge Roger T. Benitez ruled in Mirabelli v. Denied all motions to dismiss in Olson’s case.
The lawsuit specifically challenges the “parental exclusion policy” adopted by the school, which prevents parents from knowing about some of their children’s school activities.
California Attorney General Rob Bonta and members of the California Department of Education and the Escondido Union School District called for the case to be dismissed.
They argued that no one was actually harmed by their agenda because rules limiting what parents could know were “merely suggestions.”
But Benitez found that the parents “liked to stand up and stated a plausible claim that relief could be granted.”
“The Supreme Court has long recognized that parents have due process rights under the federal Constitution to direct their children’s health care and education,” the judge said.
“Defendants are defending children’s rights to privacy and freedom from sex discrimination under unprecedented and recently enacted state law.”
Paul Jonna, special counsel for the society, explained: “We are very pleased that the court rejected all attempts to dismiss our landmark challenge to California’s parental exclusion and gender secrecy regime. Judge Benitez’s order rightly emphasizes the sacred importance of parental rights in our constitutional order and the First Amendment protections afforded to parents and teachers.”
The judge said: “By hiding children’s sexual health issues from parents, parents are excluded from exercising their religious duty to raise and care for their children at a time when it can be very important. [T]The teachers present a valid claim for relief under the Free Exercise Clause of the First Amendment.”
The judge added: “This court has concluded that when rights conflict between parents and children, the parents’ long-recognized federal constitutional rights must be forfeited to the children’s state rights.
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