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When Insiders Become Outsiders: Parental Objections to Public School Sex Education Programs

Abstract

This Note argues that parents\u27 fundamental right to direct their children\u27s moral and educational upbringing includes the right to exempt their children from objectionable sex education programs in public schools. Schools usurp parents\u27 fundamental rights when they unilaterally introduce children to topics of human sexuality without parental notice or permission. Alleged violations of these rights merit strict scrutiny review from courts. When parents\u27 objections are confined to discrete, tangible events, parents are constitutionally entitled to exempt their children from objectionable activities. The efficacy of this constitutional relief is more limited, however, when parental objections are pervasive and unassociated with a particular aspect of the school\u27s program or curriculum

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