October 15, 2008
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Parents files lawsuit over sexual orientation discussion in elementary school classroom


Parents in Lexington, Massachusetts have filed a lawsuit over their son’s being exposed to discussions about sexual orientation in his elementary school classroom. David and Tonia Parker were alarmed when their son brought home a "diversity book bag" that contained a book depicting a gay family. Mr. Parker was arrested for refusing to leave his son’s school when school officials denied his demand that he be notified whenever homosexuality is discussed in his son’s class. Another couple has joined the Parkers’ suit. The plaintiffs allege that school officials are violating their parental rights to teach morals to their own children. Mrs. Parker contends that there is a pro-gay bias in the schools, with those who support gay rights pushing their views on others while the views of those who believe homosexuality is immoral are ignored. Massachusetts, like most states, has no official education policy on when or how to discuss homosexuality in the classroom. According to the Sexuality Information and Education Council of the United States, only 10 states have laws that address teaching sexual orientation. Two state laws require some teaching of it, while eight restrict how sexual orientation is presented. Massachusetts’ teaching guidelines only state that teachers should define the various sexual orientations by fifth grade but leave to local school districts how to do it. Although state law contains an "opt out" provision requiring parental notification and the opportunity to remove their kids from the classroom if the curriculum "primarily involves human sexual education or human sexuality issues," discussions of same-sex marriage often occur in current events classes and other forums not subject to this provision. Kris Mineau of the Massachusetts Family Institute (MFI), which opposes gay marriage, charges that educators are using the perceived loophole to bypass parents in order to present homosexuality to students. Since same-sex marriages became lawful in Massachusetts in May 2004, MFI has compiled about 20 reports from media and parents in towns from Medford to Newton that the group claims highlight inappropriate teaching of homosexuality. Eliza Byard of the Gay, Lesbian, Straight Education Network contends public schools should acknowledge gay families, even if it upsets parents who believe same-sex relationships are immoral. "One of the basic realities of American life is that all of us have to deal with beliefs we disagree with," she says.

CNN.com
By Associated Press
[Full story]

[Editor’s Note: For information on other lawsuits and an effort by conservative Christians and gay advocates to seek a more constructive way to resolve community differences over these sensitive issues in schools, see below.]
[NSBA School Law pages on First Amendment guidelines]


 
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