Lexington parents get their day in court

A three-judge panel heard arguments Dec. 5 in the appeal of Parker v. Lexington, a federal lawsuit brought by four Lexington parents who object to the use of pro-gay materials in the classroom without prior parental notice. U.S. District Court Judge Mark Wolf dismissed the lawsuit in February because he said that parents do not have the right to dictate public school curriculum.

Robert Sinsheimer, who is representing the parents, David and Tonia Parker and Rob and Robin Wirthlin, argued before the court that the schools infringed the parents' right to the free exercise of religion by reading the book King and King to their children. The picture book tells the story of a prince who marries another prince.

"The school system ... has chosen to teach children that there are other forms of marriage that ought to be considered moral and acceptable," said Sinsheimer, who noted that the Parkers and the Wirthlins have strong religious convictions that only heterosexual couples should be allowed to marry. He also accused Lexington Public Schools of attempting to "indoctrinate" the couples' children by using King and King and other books talking about same-sex couples.

Sinsheimer emphasized that the Parkers and the Wirthlins were not asking for the removal of books like King and King from the school's curriculum. Instead they wanted to be notified when such books would be used and given the option to opt their children out of the classroom during those lessons.

Judge Sandra Lynch asked Sinsheimer how reading King and King to the Wirthlin's first grade son infringed on the couple's right to freely exercise their religion. Sinsheimer answered that the free exercise of religion "includes the teaching of their faith to their children."

Lynch asked John Davis, one of the attorneys for the town of Lexington and the town and school officials named in the suit, whether he felt some of the issues raised by the Parkers and Wirthlins on appeal merited further fact-finding in the case. In particular she said the Parkers and Wirthlins have argued that King and King was not part of the official Lexington Public Schools curriculum. The families also argued that an opt-out policy for pro-gay materials would not be an undue burden on the school because they already have a similar opt-out policy for sex education classes.

Davis argued that the questions raised by the Parkers and Wirthlins should have no bearing on the case because the schools did not violate the families' constitutional rights.

"What we're maintaining is the choice [to use the books] is a pedagogical one, a political one," and not a constitutional one, said Davis.

Following oral arguments Kevin Batt, town council for the town of Lexington, told Bay Windows he believes the points raised by the Parkers and the Wirthlins should have no impact on the case.

"We don't think simply the exposure of a couple school books to first graders rises to constitutional discrimination," said Batt.

Meg Soens, co-chair of Lexington Community Action for Responsible Education and Safety (C.A.R.E.S.) and an out lesbian parent with children in the public schools, attended the argument and said if the court rules in favor of the Parkers and the Wirthlins, the ruling will infringe the rights of the children of LGBT parents in the schools.

"They can't feel safe and welcome if they are excluded and aren't represented in the curriculum," said Soens.

Sinsheimer declined to comment for this story.

The courtroom at the John Joseph Moakley Courthouse was packed with supporters and advocates on both sides of the issue. On the side of Lexington were advocates from the American Civil Liberties Union of Massachusetts and Gay and Lesbian Advocates and Defenders, which both filed briefs in support of the town's position. Supporting the Parkers and Wirthlins were several members of the anti-gay group MassResistance, including founder Brian Camenker and MassResistance blogger Amy Contrada. MassResistance has been one of the couples' strongest public supporters in their challenge to Lexington Public Schools. Evelyn Reilly, director of public policy for the Coalition for Marriage and Family, formerly known as VoteOnMarriage.org, was also in the courtroom.

Outside the courthouse both before and after the arguments a handful of protestors marched back and forth holding signs reading "I support parents' rights."