Court upholds dismissal of David Parker lawsuit over schools' same-sex teaching

Boston Globe ^ | January 31, 2008 | Associated Press

[lexfreedom]

Court upholds dismissal of suit over schools' same-sex teaching

January 31, 2008

BOSTON—A federal appeals court on Thursday upheld the dismissal of a lawsuit filed by Lexington parents who objected to same-sex families being discussed in their children's elementary school classrooms.

Tonia and David Parker of Lexington sued school officials in April 2006 after their son brought home a book from kindergarten that depicted a gay family. Joseph and Robin Wirthlin joined the suit after a second-grade teacher read the class a story about two princes falling in love.

In a ruling Thursday, the 1st U.S. Circuit Court of Appeals agreed with a judge who ruled in February 2007 that parents' rights to exercise their religious beliefs are not violated when their children are exposed to contrary ideas in school.

"Public schools are not obliged to shield individual students from ideas which potentially are religiously offensive, particularly when the school imposes no requirement that the student agree with or affirm those ideas, or even participate in discussions about them," the court said in its ruling.

Jeffrey Denner, an attorney for the parents, said they were disappointed with the ruling and are considering appealing to the U.S. Supreme Court.

"Normally, when kids are taught certain things, they believe it to come from on high," Denner said. "I think this influences the way they think in very, very direct ways and becomes functionally indoctrinating to them."

[Politicalmom]

You have been told REPEATEDLY by me and the moderators to stop posting to me.

[Archon of the East]

Excellent and yes it could be pulled off, would need better conservative leaders though.

[manc]

I was living in massachusetts when I heard of this yet I never heard of a petitition as did many others not. One of the reasons was because thje media in that state is so biased you would have to see it to believe it.

They cover nothng of the homo’s until it is too late for people to do something about it, they won’t tell the public about what homo’s are up to until the homo’s have sneaked a bill or law in.

Even so many others did hear about the petition and signed it sadly the legislature took the peoples right to vote away and thus voter suppresion. Where were the dems when this happened after all they are the ones who always harp about it and wanting ilegals to vote or I should say not wanting any rules for when people vote thus illegals get to vote easier

The revolution started because of taxes and they wasn’;t allowed to vote yet again in the same state the people pay the taxes yet no votes are allowed to be done.

The outrage from the dems and the media over this defeaning.

I along with my family said enough is enough and now moved to Florida where now we don’t have a nanny govt, though I woulod prefer gallagher over this crist.

We now have enough petitions to get the gay marriage amendment on the ballot and now the people can vote on the issue as it should be .

In the end I would suggest every conservative , every Republican move out of the state , if you want to be near to family and freinds then get to New Hampshire as that state needs securing for a red state or move to Florida, NC, SC or VA

If you look at rockingham county iin NH you will find that that county has become more republican over the last 8 years as the poeple of Mass moved there escaping the liberal arrogant corrupted Govt.

I say move out of the state I’m not sure how many registered republicans there is in Ma but I would think over half a millkion, now that would seriously affect massachusetts if over half a million left the state , it means less electorial votes, senator would lose their job(brilliant wonder which one), the state would receive less federal money. etc etc

Since deval patrick has took over the unempployment has gone over the national average, the state has becoome one billion in debt and rising, companies are leaving the state, etc etc

With all that and the direction of illegals wanting to move to the sanctuary state then the state will be hit harder than what michigan has.

[manc]

see my post above

The state is already in crisis and now getting worse because of the new Gov deval patrick, now if ever a man was clueless it is this man.

Taking away the poeple vote in massachusetts was the most disgusting thing I have ever seen since my time in America.

So the people pay taxes, the people sign the petition and get enough signatures yet the people are not allowed to vote because deval patrick, pelosi, kennedy etc came in and bribed the legislature.

example look at the women legislature in Framingham who was voting yes for the poeple to vote, she voted yes the first time yet she changes her vote just before the legislature votes and then recives a lot of money from deval patrick, well it’;s from him but the money is actually tax payers money he likes to give away

[SUSSA]

If Mr. Parker wasn’t feeding at the public trough he wouldn’t be faced with this problem. Complaining about what the bureaucrats teach in a government school is like people in government housing complaining about the color of the carpet.

Get off the subsidy and put the kid in a free market school or home-school; problem solved. Socialized schooling has no place in a free society.

http://www.schoolandstate.org/home.htm

http://www.freedomofeducation.net/

http://tuftsprimarysource.org/?p=737

[wintertime]

As much as I oppose the homosexual agenda and the government schools, I do not think children should be used for political purposes.

This child should have been removed from the government schools long ago.

[SUSSA]

All children should be removed from socialized schooling. But too many people refuse to give up having their lifestyles subsidized by money the government takes by force from others.

Socialized schooling is the nation’s biggest welfare program.

[wintertime]

In the Parker case, it is my belief that the father is using the child for the dad’s political agenda.

It don’t think the child is in the government school because the father is motivated by the free education hand out.

[Amendment10]

Regarding this perversion of justice, Romans 1:25-27 tells us that same-sex sexual relationships are a consequence of idolatry. In other words, such relationships are a consequence of disobeying the 1ST COMMANDMENT, a major aspect of the GREATEST COMMANDMENT, to love the jealous God with all your being.

Homosexuals need to keep in mind, however, that the good news of the gospel is not about how God despises same-sex sexual relationships. In fact, 1 Corinthians 6:9-11 indicates that certain members of that church had been slaves to such relationships but had been cleansed in Jesus' name. So these former homosexuals had evidently repented and accepted God's grace to straighten their lives out.

John 3:16
Revelation 3:20

Also, consider how judges are now reflecting the evil of the Pharisees of Jesus' time. More specifically, consider how Mark 7:1-13, particularly verses 10-12, shows that Jesus reprimanded the Pharisees for essentially driving a wedge between parents and their children as our judges are now doing, basically nullifying the 5TH COMMANDMENT, to honor your parents.

Finally, regarding Christian taxpayers who are unwillingly helping to pay for public schools to expose their children to homosexuality, Jefferson addressed this situation in general when he wrote his Bill for Religious Freedom as evidenced by the following excerpt.

"To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical." --Thomas Jefferson: Bill for Religious Freedom, 1779. Papers 2:545 http://www.religioustolerance.org/virg_bil.htm

As a side note, I also won't overlook the fact that Christian taxpayers have been unwillingly helping to pay for public schools to teach scientifically unverified macroevolution ideas for the past several decades, such ideas actually being a politically correct attack on Christianity.

[wintertime]

Christian taxpayers have been unwillingly helping to pay for public schools

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Instead of trying to reform government schools, Christian parents should remove their children. Christian teachers should get out!

Instead of wasting time on reformation of government schools, Christian parents and teachers should be working to see that every child has an opportunity for a thoroughly Christian based education. They should also be organizing a massive school tax revolt that would shut the government madrasses DOWN!

[rmh47]

I agree. I have often wondered about taking the home school to the community level. Create community outreach programs that kids can home school together if they choose. Maybe this already exists...

It does. At least it does in my community, which is in a state where homeschooling is readily permitted. Been there; done that.

My daughter is a mature, well-adjusted, responsible 25 year old with a masters degree, who is going back to school next year for her PhD.

[Grizzled Bear]

"Public schools are not obliged to shield individual students from ideas which potentially are religiously offensive, particularly when the school imposes no requirement that the student agree with or affirm those ideas, or even participate in discussions about them," the court said in its ruling.

So a game of "Pin the Mustache on Mohammad" would be acceptable?

[Amendment10]

Regarding public school attacks on Christianity, don't overlook that regardless that Justice Black wanted everybody to think that Jefferson's "wall of separation" somehow meant that the establishment clause applied to the states as well as to the federal government, Jefferson had also acknowledged that the Founders had written the 1st and 10th Amendments in part to reserve government power to address religious issues to the state governments. In fact, Jefferson had done so on at least three occasions. See for yourself.

"3. Resolved that it is true as a general principle and is also expressly declared by one of the amendments to the constitution that ‘the powers not delegated to the US. by the constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people’: and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the US. by the constitution, nor prohibited by it to the states, all lawful powers respecting the same did of right remain, & were reserved, to the states or the people..." --Thomas Jefferson, Kentucky Resolutions, 1798. http://tinyurl.com/oozoo

"In matters of religion, I have considered that its free exercise is placed by the Constitution independent of the powers of the general government. I have therefore undertaken on no occasion to prescribe the religious exercises suited to it; but have left them as the Constitution found them, under the direction and discipline of State or Church authorities acknowledged by the several religious societies." --Thomas Jefferson: 2nd Inaugural Address, 1805. ME 3:378 http://tinyurl.com/jmpm3

"I consider the government of the United States as interdicted by the Constitution from intermeddling with religious institutions, their doctrines, discipline, or exercises. This results not only from the provision that no law shall be made respecting the establishment or free exercise of religion, but from that also which reserves to the states the powers not delegated to the United States. Certainly, no power to prescribe any religious exercise or to assume authority in religious discipline has been delegated to the General Government. It must then rest with the states, as far as it can be in any human authority." --Thomas Jefferson to Samuel Miller, 1808. http://tinyurl.com/nkdu7

1st Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

So by quoting Jefferson to help justify his scandalous interpretation of the establishment clause, Justice Black actually quoted probably the worst person that he could have quoted to help justify his dirty work.

Are we having fun yet? :^)

So the states have the power (10th A.) to authorize public schools to lead non-mandatory (14th A.) classroom discussions on the pros and cons of evolution, creationism and irreducible complexity, for example, regardless that atheists, separatists, secular judges and the liberal media want everybody to think that teaching such things in public schools is unconstitutional.

In fact, this post (<-click), although not directly addressing religion in public schools, tells in general how FDR's establishment of constitutionally unauthorized federal spending programs like Social Security arguably led to the c&s separation controvercies that our public schools are dealing with today.

As I've mentioned elsewhere, the people need to wise up to the federal government's scandalous ignoring of the 10th A. protected powers of the states, a consequence of FDR's dirty politics, particularly where the unconstitutional stifling of our religous freedoms are concerned. The people need to quit sitting on their hands and petition lawmakers, judges and justices who are not upholding their oaths to defend the Constitution, demanding that they resign from their jobs.

[wintertime]

So the states have the power (10th A.) to authorize public schools to lead non-mandatory (14th A.) classroom discussions on the pros and cons of evolution, creationism and irreducible complexity, for example, regardless that atheists, separatists, secular judges and the liberal media want everybody to think that teaching such things in public schools is unconstitutional.

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There are three issues here, as I see it:

1)We must demand that judges and legislators strictly interpret the Constitution.

2)Homosexuality must be fought both socially and legally.

3) Government schools are incompatible with freedom of conscience. They are the Marxists and homosexuals major weapon against Western Civilization, and for this reason must be shut down, and must be shut down!

The Constitution:

I agree with you that the Constitution must be strictly applied. States do have the right to have Bible studies, prayer, the Pledge of Allegiance, Christian Christmas celebrations,etc. This **must** be defended! If the rights of the states to do this is not defended, other areas of the Constitution risk attack. In the end, we are no longer a country governed by rule of law.

So...While I believe that the best strategy for opposing homosexuality is for parents to remove their own children, work for a massive school tax revolt, and shut down the government schools, I **do** believe state’s rights to have Christianity in the schools must be defended.

The Homosexual agenda:

The homosexuals are using two fronts of attack here: Social and legal. The homosexual agenda needs to be resisted on both levels.

If homosexuality is not forcefully resisted, legally and socially, a Christian will soon not be able to find and hold a job, attend college, rent an apartment,,etc,,because some homosexual somewhere might “feel” threatened. It has already occurred. It doesn’t necessarily need to be encoded in law, but merely through the social pressure that homosexuals can and are applying.

In the Parker case, personally, I don’t like seeing a small boy used to accomplish an adult’s social and legal fight against homosexuality. However,,,the homosexuals definitely aren’t shy about using children to fulfill their social and legal goals.

In the social fight against homosexuality, one of the very best maneuvers would be to shut down government schooling. The homosexuals need government schools for their indoctrination of the next generation of voters!

I am completely exasperated! When are Christians, and those who believe in rule of law and the sanctity of the Constitution, finally going to understand that the Marxists were right about schools! If we want the next generation of voters educated in the principles of the Constitution, then we **MUST** educate our own children and work to immediately shut down the government madrasses!

Government Schooling and Freedom of Conscience:

Regardless of whether the states have the right in our federal Constitution to have Christian teachings in the schools, there is a **fundamental** conflict between freedom of conscience, the human rights enumerated in the First Amendment, and government schooling.

If any state has included the human rights listed in the First Amendment in its state constitution, then these human rights should take precedence over any provision for compulsory government schooling.

On every government level, First Amendment Rights, should be considered basic human rights. Government schools are utterly incompatible with these human rights. Government schools ( under threat of police action) treat children like prisoners. Children are ordered to shut up, forbidden free assembly, forbidden exercise of their religion, forbidden the right of free press, and subjected to an educational indoctrination that can never be religiously neutral. (Geeze! At least prisoners are not preached to by government priests and priestesses.)

The following is an excellent essay explaining why government schools are unconstitutional on every level:

http://www.newswithviews.com/Stuter/stuter9.htm