Lawsuit dismissal upheld
Parker/Wirthlin case may head to Supreme Court
by Ian B. Murphy, Staff Writer
February 7, 2008
A three-judge panel of the First U.S. Circuit Court of Appeals upheld the dismissal of the Parker/Wirthlin lawsuit against the Lexington Public Schools late last week.
The three judges heard the Lexington families' appeal in December, and Thursday upheld U.S. District Judge Mark Wolf's February 2007 dismissal of the federal case.
"We do not suggest that the school's choice of books for young students has not deeply offended the plaintiffs' sincerely held religious beliefs," said the decision, written by Circuit Judge Sandra Lynch. "If the school system has been insufficiently sensitive to such religious beliefs, the plaintiffs may seek recourse to the normal political processes for change in the town and state."
David Parker, one of the parents who brought the lawsuit forth in 2006, said he is committed to going to the Supreme Court.
"The bottom line is that the opinion of the court is that the teachers, [the judge] admitted, are influencing the children to basically accept gay marriage and homosexual conduct," Parker said. "All parents realize that small impressionable children can be easily manipulated, so in effect it's functional coercive indoctrination."
The court also affirmed that remaining state law claims may be brought back to Massachusetts' courts.
The original suit was filed in 2006 after the Parkers' son, Jacob, brought home a book as part of the diversity book bag from his Estabrook Elementary kindergarten class in 2005.
The book, "Who's in a Family," showed various family types including a same-sex-headed household, as well as single parents and grandparents raising children. The Wirthlins' son, Joey, who was then in second grade, was in class on a day that marriage was the topic. At the time, a book on a prince marrying another prince was read to the class, "King and King."
The Anti-Defamation League (ADL) applauded the decision.
"The court's ruling in favor of the Lexington Public Schools is a victory for diversity in American society," said Robert Trestan, the ADL's Eastern States Civil Rights Counsel, in a statement. "Teaching about diversity is of critical importance to creating an open and welcoming society. Such lessons are most effective when the training begins in students' formative years."
WHY not a three-some?, they could tie the knot, and adopt babies....or a foursome?... Next someone will want to marry their cat. Welcome to the confused modern world.