Judge Mulls Suit Over
Gay Classroom Talk
By AP from the
NYTimes on the Web, February 8, 2007
BOSTON, Feb. 7 -- Officials
from a suburban Massachusetts school district asked a federal judge Wednesday to
dismiss a lawsuit filed by two couples who claim their parental rights were
violated when homosexuality was discussed in their children's classrooms.
U.S. District Judge Mark Wolf did not immediately issue a decision in the case
from Lexington, but peppered lawyers on both sides with questions and said he
understood the importance of the case to both parents and school administrators.
Tonia and David Parker sued after their 5-year-old son brought home a book from
kindergarten that depicted a gay family. David Parker was later arrested
for refusing to leave his son's school after officials would not agree to notify
him when homosexuality was discussed in his son's class.
Another Lexington couple, Joseph and Robin Wirthlin, joined the Parkers in the
suit after a second-grade teacher read ''King and King'' to her class. The
fairy tale tells the story of two princes falling in love.
Both couples claim Lexington school officials violated their parental rights to
teach their own morals to their children.
The case has attracted a great deal of attention in Massachusetts, the only U.S.
state that allows same-sex marriage.
John Davis, an attorney for Lexington school officials, argued in court
Wednesday that teaching diversity is a ''legitimate state interest.'' He
said that it would be ''an administrative nightmare'' for schools in
Massachusetts to try to predict when the topic of gay marriage will come up and
to inform parents ahead of time.
''The parents do have rights ... but they don't have the right to dictate to the
public school system what their children can be exposed to in the way of
ideas,'' Davis said.
Robert Sinsheimer, an attorney for the parents who filed the lawsuit, called the
homosexual discussions and materials ''a form of propaganda'' that goes against
the parents' religious beliefs. He said the parents do not want to dictate
curriculum, but do want to be able to remove their young children from
classrooms when homosexuality or gay marriage is being discussed.
''What they fear is that their children are being brainwashed,'' he said.
About 30 people on both sides of the issue demonstrated outside the courthouse.
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