Posted on 03/01/2007 7:32:46 PM PST by lexfreedom
Lawsuit filed by Parkers, Wirthlins dismissed
By Susan Bushey/Lexington Minuteman
Friday, February 23, 2007 - Updated: 04:17 PM EST
The lawsuit filed by residents David and Tonia Parker and Robert and Robin Wirthlin was dismissed from federal court earlier today. The lawsuit alleged the Lexington schools violated the families’ constitutional rights by including teachings about different types of families — including same-sex-headed households — in its curriculum. According to the decision, the couples argued that the school district’s conduct “violates their rights under the United States Constitution to raise their children and to the free exercise of their religion.”
In the 38-page decision, Chief Judge Mark L. Wolf, of the U.S. District Court, said that families who don’t agree with the teachings of the public school, have the choice of private schools or homeschooling.
Lexington resident Laura Tully, a member of Lexington C.A.R.E.S., was thrilled with the decision.
“We think this is great news and we think the judge decided correctly. School needs to be a place that provides a safe environment for all children and their families,” she said today.
Tully, who said the group had a few supporters at the court, hopes this decision will allow for a return to normalcy in Lexington.
“What we were concerned about were the distractions for the school administration and this pulling them from their work. … We hope we can get back to having our school system back to places where all children feel they’re included and are learning as well as possible,” she said.
“We’re not lawyers, but our sense was that what the school system was doing was both the right and legal course of action,” continued Tully.
According to its Web site, Lexington C.A.R.E.S. is “a group of Lexington parents and community members, is determined to ensure that our citizens understand the impact of the demands made by those who would undermine our town's longstanding values. We will work to make sure that all of our children can speak and be acknowledged in our public school classrooms for who they, and their families, are.”
In a press release from the ACLU, staff attorney Sarah Wunsch said “Judge Wolf found what we have said from the beginning of this case, that there is no merit to the claims of parent David Parker and several others that their constitutional rights were violated simply because their children were exposed to ideas these two sets of parents objected to on religious grounds. The religious views of a few people cannot control what is appropriate to be taught to all students in the public schools.”
The ACLU had filed a friend of the court briefing in support of the schools, urging dismissal of the case.
Wolf also said in his decision that this type of teaching should happen in public schools because “Diversity is a hallmark of our nation.”
The suit was filed last year after the Parkers’ then-kindergartner, Jacob, brought home a book as part of the diversity bookbag at Estabrook Elementary School. 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 first 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.”
As of press time, Superintendent of Schools Dr. Paul Ash was out of the office on vacation until next week. A call to the Parker house was answered by Tonia, who declined to comment today.
Home-school time, DP
Lexington resident Laura Tully, a member of Lexington C.A.R.E.S., was thrilled with the decision.
According to its Web site, Lexington C.A.R.E.S. is “a group of Lexington parents and community members, is determined to ensure that our citizens understand the impact of the demands made by those who would undermine our town's longstanding values. We will work to make sure that all of our children can speak and be acknowledged in our public school classrooms for who they, and their families, are.”
Except for the Parkers & Wirthlins.
In the 38-page decision, Chief Judge Mark L. Wolf, of the U.S. District Court, said that families who don’t agree with the teachings of the public school, have the choice of private schools or homeschooling.
Do they get a refund on their taxes then, after being forced out of the public schools?
If Lexington "values" involve teaching this filth to children, then I guess "values" will also mean fewer students, lost tax dollars, and eventually lost congressional seats for MA. Too bad.
The school claims rights and privileges under valid state law, and the federal judge simply tosses the case out.
Now, let's go at this from a different direction. Let's suppose the family becomes aware of what the school is planning to do and then accuses the teacher of "misinterpreting" the syllabus and claims he or she is nothing more than a pedophile cruising for sex with kids.
Since this is an allegation of a crime the parents should be fairly immune from any sort of legal retribution, but the teacher is definitely on the spot. Even if he or she finds support from the school administrators, the teacher is going to be seeing his or her career prospects evaporating.
In today's environment of female teachers engaging in multiple sex acts with groups of young male students, seems to me this would be the best course of action. You might not get everything you want, but other teachers would be loathe to follow the party-line all that closely in the future.
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Is judge Wolf a little light in the loafers himself?
"Since this is an allegation of a crime the parents should be fairly immune from any sort of legal retribution..."
Yeah -- until they are busted for making false allegations. How would that be a righteous thing to do -- and why do you think someone could get away with that so easily?
Given the current atmosphere of teachers having sex with young boys, I think you'd be pretty safe.
Doesn't mean the perp wouldn't attempt to sue you, and they might do that anyway even after being safely locked up in prison.
Now, let's ask a good question ~ what makes you think that in this case and others the primary problem is the reluctance of parents to have their children exposed to indecent materials but rather the reluctance of school administrators and teachers to give up sexual cruising?
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