Thursday, November 03, 2005

We're not being consistent, folks (part 12)....

A number of conservative blogs that I read and like, such as Ankle Biting Pundits, Ace, K-Lo and RedState have all taken offense at the 9th Circuit Court of Appeals for their decision that "there is no fundamental right of parents to be the exclusive provider of information regarding sexual matters to their children".

C'mon, guys, where we do find that fundamental right in the Constitution? Is it next to the language granting us the right to an abortion? Is it next to the language prohibiting the execution of the retarded? Is it next to the language that forces states to accept same-sex marriages? Is it next to the language allowing the state to discriminate on the basis of race and sex?

Erick does acknowledge that "as a legal matter, the case was most likely rightly decided based on the law"... but then he loses me when he argues that "we should all be outraged at the lack of respect the Ninth Circuit showed to parents".

The courts should decide cases on a 'legal' basis alone, and on no other basis... not on what feels right... not on what ought to be right.... but on the basis of reading the law and applying it to the facts at hand. The role of the courts is not to show 'respect' to parents, it is to show respect to the law. To the law as it is written. And if the law as written doesn't specifically grant to parents the right to be "the the only party introducing seven year olds to issues of sex", then that's an opportunity to change the law.... but via the legislature and political process and not through judicial fiat.

Otherwise, all that distinguishes us from the Democrats are the 'rights' we want the courts to discover on our behalf...