Parker, Wirthlin lawsuit dismissed

The suit 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 home schooling.

David Parker said that position was discriminating, and added that by being taxed for the public schools without having any representation of his beliefs was just that: taxation without representation. He said that an appeal of the decision was already being prepared.

“This let them eat cake, and pay for private school attitude is simply high-brow arrogance,” said Parker. “The position of the court, that school administrators can inculcate one-sided social views that are in direct contravention to our religious faith behind our backs, is unacceptable for any parent, no matter what their race or sexual orientation. We’ll appeal to the highest levels of authority and move forward as long as it takes.”

Parker will continue to seek the right to remove his children from lessons he finds morally objectionable.

“One thing that school administrators need to understand is that small children do not yet discern differences between legality, i.e. gay marriage, and morality,” said Parker. “When they read books such as ‘King and King,’ which is a celebration of gay marriage, and introduction of homosexual male attraction, the teacher in reading it puts their stamp of approval on it. Prior parental notification is what we’re asking for.”

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.

Tully, who said the group had a few supporters at the court, hopes this decision will allow for a return to normalcy in Lexington.

“The lawsuit has really had a chilling effect in the school system. My hope, and our hope, is that now that the judge had thrown the lawsuit out, that the teachers and librarians will feel comfortable using the full range of materials in our school system,” she said.

Tully pointed out that the issue is not necessarily that the Parkers and the Wirthlins wished to have control over what their children where taught, but what the effect of removing certain children during conversations about same-sex families would have on the rest of the classroom.

“You have to look on the impact on the other children. My husband and I would be very upset if every time my child had to present on our family, another child got up and left the room,” said Tully. “What they’re asking for has a tremendous impact on all of the children in the classroom. Its not just about their children, its about all the children.”

Jim Dreyer, a resident of Lexington since 1990 and a member of Lexington C.A.R.E.S., was also concerned about the environment that would be created by excluding certain children for tough conversations.

“The Parkers and The Wirthlins asked to opt out, so the schools would have the choice to either not talk about some families, or exclude some children when they do,” said Dreyer. “It tells the schools that there are certain types of families they can’t discuss without these restrictions, and that conflicts with the school’s goal that the children feel safe and welcome.”

Parker said the schools are simply trying take over control of territory that rightfully belongs to parents.

“The control and utilization of information is a form of power. The school wants total power and control over the moral indoctrination of small children while they’re in the school. This is unacceptable; it undermines sacred parental authority.”

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 book bag 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.

Staff Writer Ian B. Murphy contributed to this report.