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

[wagglebee]

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."

Despicable!

[wagglebee]

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[wagglebee]

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[TheZMan]

Indoctrination U.

[Right Cal Gal]

I remember when I was in high school in Bedford, Mass (dad was in the AF assigned to Hanscom Field) and my parents had to give WRITTEN permission for me to read “The Catcher in the Rye” for Junior English. Apparently, we’ve come a long way, haven’t we? (Albeit in the WRONG direction)

[Chode]

have their children tell the teacher they are going top be sick and want to got see the nurse...

[gidget7]

Even though same sex marriage is still, according to the law, illegal in MA. The law has never changed. There are bills being put before the leg. to change them, but thus far, they are still the same as they always were. And even though, there is a law that allows for parents to opt out whenever sexuality is discussed. But these activist judges ignore both laws. How is not not Judicial Activism?

[Red Boots]

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."

Why can't they read the Bible then ?

[sierrahome]

My wife and I were in Tahoe a couple of weeks ago and we went to the comedy show at one of the casinos. What we did not know was that it was Gay Ski Week (imagine that) and the “comedians” were gay.
Not only was it disgusting but they were angry, rude and sick. We left as soon as we could calmly make our way to the door—at which time the person on stage offered to perform oral sex on me if we stayed.

[SirJohnBarleycorn]

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."

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.

[manc]

Because their is an agenda in Massachusetts, I know I lived there for a bit but fortunatly I escaped along with my family.
Now my kids can actually be taught history geography etc instead of being indoctrinated

[cinnathepoet]

Yes. I’d like to see them use this logic with a pro-smoking story. See how far that gets. It’s not indoctrination. They aren’t asked to sign a yes to smoking pledge.

[A_Former_Democrat]

OK, then allow the taxpayers to “opt out” of having to support this load of immoral crap.

[kinoxi]

My oldest son went from having a %105 in his American government class to being transferred (bureaucratic redeployment) to a gay guy’s class where they just watch movies. I need to find someone with an Elton CD that I(he) can borrow so he can 'accidentally' show this drone and get an A this semester as well.

[caisson71]

If I lived in Mass. and had kids in those schools, I would make the news by defying the court. Of course, wife and kids would be out of state for the day.

[detective]

This agenda is being pushed by liberals and is not being covered by the MSM. My kids are out of high school but a pro-homosexual agenda is being pushed in their former schools. Most of these programs teach that those who find homosexuality immoral for religious reasons are bigoted and intolerant. It teaches children to ridicule religion and encourages them to like homosexuality.

[tflabo]

So the MAssassaultus Court imposes radical perversion on all it's citizens. One fine day the Supreme Court of Heaven will have the final say on the matter. Leviticus 18:22

[PubliusMM]

“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.”

The school would not ALLOW the parents to opt-out? Atrocious! State Arrogance without bound. There can be no other more clear example of why parents everywhere should find alternatives to the state’s indoctrination factories.

This is so far beyond the pale, I’m nearly speechless.

Despicable!