Federal Judge Dismisses David Parker’s Civil Rights Lawsuit!

From our friends at MassResistance on Feb 23, 2007:

Outrageous 38-page ruling goes further — Reinforces right of schools to teach homosexuality without parents’ knowledge or consent — US Constitution trumped by “case” law and “rational” need to teach “diversity”

Friday morning, federal judge Mark Wolf issued an outrageous and horrific 38-page ruling dismissing David Parker’s federal civil rights lawsuit against Lexington, MA school officials.  David Parker had filed the lawsuit, along with his wife and Rob and Robin Wirthlin, last April after the schools refused to notify parents when teaching about homosexuality and transgenderism in the elementary school. School officials, aided by national pro-homosexual groups, had filed a motion to dismiss the case which was argued before Judge Wolf on Feb. 7.

Wolf’s ruling is every parent’s nightmare. It goes to extraordinary lengths to legitimize and reinforce the “right” (and even the duty) of schools to normalize homosexual behavior to even the youngest of children.

In the ruling, Wolf makes the absurd claim that normalizing homosexuality to young children is “reasonably related to the goals of preparing students to become engaged and productive citizens in our democracy.” According to Wolf, this means teaching “diversity” which includes “differences in sexual orientation.”

In addition, Wolf makes the odious statement that the Parkers’ only options are (1) send their kids to a private school, (2) home-school their kids, or (3) elect a majority of people to the School Committee who agree with them. Can you imagine a federal judge in the Civil Rights era telling blacks the same thing — that if they can’t be served at a lunch counter they should just start their own restaurant, or elect a city council to pass laws that reflect the US Constitution?

Wolf’s reasoning uses the Goodridge ruling on same-sex marriage as well as Mass. Dept. of Education “Frameworks” and a flawed interpretation of the state Parental Notification Law — to effectively trump the U.S. Constitution’s guarantee of religious freedom.

He bolsters his decision with a patchwork of statements from other court decisions – some going back over a decade – and declares that these past decagons are “law” which much be enforced when making his own ruling on this case.

What’s next?

The Parkers’ lawyers have already announced that they will appeal the decision in Federal Appeals Court. They continue to be upbeat, passionate about this case, and confident they will prevail.

What does this mean?

Although we had anticipated the possibility of this motion to dismiss being allowed, we had no idea that it would be done with such vehemence and blatant unconstitutional militancy. This is extremely serious.  This ruling could be considered as “legally binding” in future civil cases, and reflects the extreme degree to which our judiciary has become. disconnected from our constitutional democracy.

Where does that leave parents and citizens? Do we depend on the generosity of an “appeals court” or do we take action? More on this in the next MassResistance e-mail, Monday evening…