Feb 23, 2007 10:08 pm US/Eastern
Judge Dismisses Suit Over Gay Discussion In Class
BOSTON (WBZ) ―
A federal judge on Friday threw out a lawsuit filed by Lexington parents who objected to discussions of gay couples in their children's classrooms.
U.S. District Judge Mark Wolf said federal courts have decided in other cases that the constitutional right of parents to raise their children does not include the right to restrict what a public school may teach them. Wolf said those earlier rulings also have held that teachings that contradict a parent's religious beliefs do not violate their First Amendment right to exercise their religion.
"In essence under the Constitution public schools are entitled to teach anything that is reasonably related to the goals of preparing students to become engaged and productive citizens in our democracy," Wolf said in his ruling.
Toni and David Parker sued after their 5-year-old son brought home a book from kindergarten that depicted a gay family. Another Lexington couple joined the suit after a second-grade teacher read to the class a fairy tale that tells the story of two princes falling in love.
Both couples claimed Lexington school officials violated their parental rights to teach their own morals to their children. They said they did not want to dictate curriculum but wanted to be told ahead of time when gay couples were being discussed so they could remove their young children from classrooms.
Wolf dismissed both the federal and state claims made in the lawsuit, but said the parents could refile the lawsuit in state court.
The case has attracted attention because Massachusetts is the only state in the nation that allows same-sex marriage.
(© 2007 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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