Notice of Appeal

An appeal of the Judge’s decision has been filed by the Parkers and Wirthlins.

Order by Judge Wolf to Dismiss

Text of the judge’s ruling in the motion to dismiss the lawsuit by the Parkers and Wirthlins.

Motion to Dismiss

The defendants’ (Town of Lexington and named individuals) motion to dismiss the lawsuit. “This Complaint against public school officials and the Town of Lexington arises from alleged grievances of two sets of parents who object to even the most minimal references to gay and lesbian families found in a few books made available to their young children.  Neither the incidental exposure of plaintiffs’ children to such materials, nor broader school policies promoting acceptance of diversity and elimination of discrimination against minorities, including gays and lesbians, are grounds to support the constitutional and statutory claims advanced by the plaintiffs.”

Lawsuit

Text of the original lawsuit by the Parkers and Wirthlins. This is a claim brought by four parents and their very young children against the Town of Lexington, its school board, various administrators and a teacher. The plaintiffs are devout Judeo-Christians. They claim that the defendants have intentionally interfered with their Fourteenth Amendment due process rights to direct the moral upbringing of their own children.

The defendants have begun a campaign of intentionally indoctrinating very young children to affirm the notion that homosexuality is right and moral, in direct denigration of the plaintiffs' deeply-held faith. The plaintiffs tolerate and respect all people but wish to teach their faith to their children at their own pace, and in their own way.

The claim is brought pursuant to 42 U.S.C. 5 1983, the Massachusetts Civil Rights Act,Mass. Gen. Laws ch. 12, 5 1 1 I, and the Massachusetts Opt Out Statute.
 

References

Parental Notification Act, General Laws of Massachusetts, Chapter 71: Section 32A
Every city, town, regional school district or vocational school district implementing or maintaining curriculum which primarily involves human sexual education or human sexuality issues shall adopt a policy ensuring parental/guardian notification ...