Court: No Opt-out of Homosexual Indoctrination in Class for Massachusetts Parents

LifeSiteNews ^ | 2/4/08 | Matthew Cullinan Hoffman

[wagglebee]

BOSTON, MA, February 2, 2008 (LifeSiteNews.com) - A federal appeals court panel has upheld a Massachusetts policy of indoctrinating elementary school students with pro-homosexual attitudes without their parents consent.

The three judge panel ruled that a lower court decision was correct when it denied parents the right to remove their children from such classes, while admitting that the purpose of the literature to which their children were being exposed was to influence children to "tolerate" gay marriage.

"It is a fair inference that the reading of King and King was precisely intended to influence the listening children toward tolerance of gay marriage," the court admits.  "That was the point of why that book was chosen and used."

However, in the appeals court's opinion, this doesn't mean the children were being indoctrinated with anything. "Even assuming there is a continuum along which an intent to influence could become an attempt to indoctrinate, however, this case is firmly on the influence-toward-tolerance end. There is no evidence of systemic indoctrination. There is no allegation that Joey was asked to affirm gay marriage. Requiring a student to read a particular book is generally not coercive of free exercise rights."

The book referred to by the panel, "King and King", depicts a "prince" who isn't interested in a princess, but instead is "in love" with the princess' brother.  Their "love" is portrayed in a sympathetic manner, and the two "marry" each other.  They are shown kissing on the lips at the end of the book, which was read to second graders in 2006 in Estabrook Elementary School in Lexington, Massachusetts.

Two families complained to the school district, which responded that the school district was not obligated to advise families about such matters, and would not allow parents to opt-out.   David Parker and other parents with children in the school district responded by filing a federal civil rights lawsuit.  After the suit was dismissed by Federal District Judge Mark L. Wolf in early 2007, the parents appealed.  Now, the Federal appeals court has rejected their appeal. 

However, the families are determined to press on all the way to the Supreme Court, which is the next step in the appeals process.  "We are fully committed to go forward," Jeffrey Denner, lead attorney of the Parker legal team, told the pro-family group Mass Resistance.  "We will continue to fight on all fronts that we need to."

"This ruling will surely embolden and enable the schools even more on this if it's not fought," said Parker. "There's going to be an accountability, you can count on it."

Denner told Mass Resistance that he is not discouraged, recalling the St. Patrick's Boston Parade case in the 1990s, in which parade organizers sued to vindicate their right to exclude homosexuals from the event.  Although local, state, federal circuit court and appeals court judges ruled against them 17 times, they eventually won their case before the Supreme Court, successfully defending the right of Americans to organize themselves according to their convictions.

Related Links:

Federal court denies appeal in David Parker Civil Rights case on homosexual programs in elementary school
http://www.massresistance.org/docs/parker_lawsuit/appeal_los...

History oft the Parker Case
http://www.massresistance.org/docs/parker/index.html

Exceprts from Book, "King and King", Approved by Federal Appeals Court
http://www.massresistance.org/docs/issues/king_and_king/book...

Previous LifeSiteNews Coverage:

Court Rules Schools Can Teach Homosexuality Without Parents Consent or Choice to Opt Out
https://www.lifesite.net/ldn/2007/feb/07022604.html

National Gay Groups Fight Parents Over Mandatory Homosexual Indoctrination in Mass. Schools
http://www.lifesite.net/ldn/2006/oct/06100606.html

Seven-Year-Old Beaten at School For Father's Stand Against Homosexual Activism
http://www.lifesite.net/ldn/2006/jun/06061410.html

Father of 6-Year-Old Arrested Over Objection to Homosexual Curriculum in Kindergarten Class
http://www.lifesite.net/ldn/2005/apr/05042910.html

Parents Sue Massachusetts School for Promoting Homosexuality to Young Children
http://www.lifesite.net/ldn/2006/apr/06042802.html

Charges Dropped Against Father Who Objected to Promotion of Homosexuality in School
http://www.lifesite.net/ldn/2005/oct/05102106.html

Massachusetts Superintendent Instructs Schools: Parents Do Not Have to be Informed About "Diversity" Classes
http://www.lifesite.net/ldn/2005/sep/05092602.html

Father of 6-Year-Old Arrested Over Objection to Homosexual Curriculum in Kindergarten Class
http://www.lifesite.net/ldn/2005/apr/05042910.html

[CindyDawg]

That would be a good debate question for the candidates. “How do you feel about this? What would you do as president?

[CindyDawg]

What is tragic is that only 2 families complained.

[beelzepug]

Gay Ski Week?

I can see them “swishing” down the slopes now.

[blackdog]

Not a concern if you go to Sidwell Friends or any other private school. Gee, I wonder where politicians send their kids?

[Tuscaloosa Goldfinch]

..... perhaps you could threaten to sue the casino hosting that event for sexual harassment.

[HoosierHawk]

...Requiring a student to read a particular book is generally not coercive of free exercise rights."

Whatever happened in Massachusetts, the cradle of liberty?

Let's not forget the Boston Tea Party, either.

[marron]

Its going to get worse before it gets better. Get your kids out of public school. You can’t save everyone. You’ve got to get your own kids into a safe and sane environment. You want them to be educated, but they need to be educated by the kind of people you can entrust their education to. The modern education technocrats can not be trusted with your children.

In a more sane world, these people would be charged with child abuse.

In this world, get your kids away from them.

[sierrahome]

We are very much into that process...the situation reminded us of Michael Richards going off at a comedy club. One of the lines as we were leaving was “I bet you to are Catholic Republicans”.

...we are.

[nina0113]

See if you can get your money back from the agency/resort - some friends of mine in their 40’s were booked on what turned out to be a college spring break cruise. They bailed at the first port of call and got a full refund from the line.

[sierrahome]

you to= you two

[wagglebee]

More of the Romney “legacy.”

[vpintheak]

How can parents allow this BS!?

[JoJo Gunn]

This garbage, as well as the "zero tolerance" insanity in our schools, has also been going on during almost 8 years of a Republican watch, and it's never talked about by those at the top. It's just another reason the GOP doesn't need or deserve my vote anymore.

[Syncro]

A federal appeals court panel...The three judge panel...

Are these judges elected or appointed?

[AD from SpringBay]

Two families complained to the school district...

This is even more damning than the decision of the court.

[mrsmel]

Yep, but they outlawed prayer in schools, because some poor kid might overhear the name of Jesus and be scarred for life. The day is coming.

[mrsmel]

I have to pray for forgiveness, for what pops into my mind as a suitable reply to such filth. AIDS figures into it.

[wagglebee]

Federal appeals judges are appointed for life by the president and confirmed by the senate.

[mrsmel]

What is tragic is that only 2 families complained.

Yes. This nation is going to pay one day.

[Syncro]

When one remembers that these are second-graders we are talking about, the court's purported distinction between "influence" and "indoctrination" is absurd, dishonest and shameful.

They know full well what they are doing.

Most of what is solidly imprinted on a person occurs by the age of eight generally.

Second graders are between the ages of 6 and eight.

It's deplorable.

California is homosexualizing kids in school too.

That's what it is all about.