Defendants in David Parker's Federal Civil Rights lawsuit file 57-page motion
to dismiss case.
School Committee, Superintendent, teachers, Town of Lexington claim that
presenting homosexuality to children against parents' wishes is NOT illegal and
does NOT interfere with freedom of religion!
(Link entire text of Motion to Dismiss)
Claims that because of gay 'marriage' in Massachusetts, state has "legitimate
interest" in presenting homosexuality to children.
Claims that Parental Notification Law does not apply.
Compares parents' religious rights to American Indians smoking peyote!
And more -- a skillful twisting and mangling of legal "precedent" to rob parents
and children of all rights and protections from the homosexual agenda in the
This landmark federal case could affect the entire country!!
The ugly battle about pushing the homosexual agenda on young children is
come right out into the open, front and center.
We are now seeing an Orwellian nightmare unfold before our eyes -- a
serious legal claim that schools have a legal and constitutional mandate to
unconditionally teach homosexuality to even the youngest of children, and that
parents have no right whatsoever to interfere with that.
On Tuesday the defendants in David Parker's federal Civil Rights lawsuit
issued a blistering 57-page Motion to Dismiss, making dramatic legal claims
that, if allowed to stand, could reverberate across the entire country.
You will recall that this past April 27 -- exactly one year after David
Parker's unbelievable arrest and night in jail -- that the Parkers and Wirthlins
formally filed a major Federal Civil Rights lawsuit against eleven
teachers and public school officials in Lexington, Massachusetts, including the School
Committee and the Superintendent, and others.
David Parker had been arrested over the school's refusal to notify him when
teachers and staff discuss homosexuality or transgenderism with his 6-year-old
son in Kindergarten. School officials, led by the Superintendent, Paul Ash,
have continued to publicly defy any and all requests that parents be notified and
given the opportunity to opt out their children when adults discuss homosexual
issues with them -- or even let the parents know after the fact that it had
happened. (This despite the state law -- which we wrote -- that specifically
gives parents those rights.) Ash and School Committee chairman Helen Cohen hve
vehement against David Parker personally, denouncing him in the media on many
occasions. And to rub it in even more, the book "Who's In a Family", about
same-sex relationships, was permanently placed in David Parker's son's
first-grade classroom this year.
Also this year, in that same elementary school, the Wirthlins' son's second-grade teacher read
to the class the book "King and King", which graphically depicts a romantic homosexual
relationship between two men. When the Wirthlins
complained, the teacher and principal reiterated that the Wirthlins had no
choice in the matter of their son being introduced to homosexual relationships
by the school, and that their religious beliefs regarding homosexuality had no
consequence Thus, the Wirthlins joined the Parkers in the federal lawsuit.
Links to: Background information, David Parker's arrest, King and
King, and the text of the federal Civil Rights lawsuit.
The motion to dismiss: The law turned inside out; a brave
"Orwellian" is the only word we could think of to describe this. Is this
actually happening in the United States of America? They re-define the
process of pushing homosexuality on young children and attempting to normalize
it in their young minds, despite the strong objections of their parents, in a
kind of Alice-in-Wonderland language that brings to mind something like a North
Korean re-education camp.
They state that normalizing homosexual relations to children is "promoting acceptance of diversity and elimination of discrimination against
minorities, including gays and lesbians". They state that parents who
want to opt out their children are attempting to "control the flow of information and the curriculum of public schools."
And they follow that up with the absurd statement that
"[The] defendants' legitimate governmental interest in providing an appropriate public
education to all school-age children within the Town of Lexington outweighs
plaintiffs' rights to tailor the public school curriculum to suit their personal
morals or beliefs, to dictate how or when certain subjects may be taught to
their children, or to control the flow of age-appropriate information regarding
diversity or family composition, including same sex parents."
This is insanity. It's turning the whole issue inside out. They even compare
parents' rights to determine the moral upbringing of their children to a
allowing American Indians to smoke peyote. This goes on and on.
And of course, they claim that the Parental Notification Law could not
possibly apply here for all kinds of reasons, chiefly because of a re-definition
of the English language, that homosexuality or homosexual relationships is no
longer a "human sexuality issue" but instead an issue of tolerance and
diversity. So there!
Read the entire 57-page Motion to Dismiss here (pdf
How outrageous does it get? This illustration below is a page from
the book "King and King", which was read in class to the Wirthlin's
second-grader and other kids. This page is included in the defendant's Motion to
Dismiss as "Exhibit A." The defendants state that this is not about a
"moral belief system" as the Wirthlins claim, but instead they declare that it's
simply the "celebration of diversity". And furthermore, they state, "The
plaintiffs recognize (as they must) that Massachusetts endorses marriage between
To back it up its revolutionary assertions the document goes on for pages and
pages with references to obscure (and some more well-known) legal decisions. To
be sure, you can certainly find enough horrid decisions, or portions of
decisions, by crazed judges or juries over the years to cobble together anything
you want. And boy, do they ever!
In a further attempt to legitimize their actions, they also dredge up some
long-forgotten but very radical "recommendations" by the pro-gay activists at
the Department of Education. For example, do you remember earlier this year,
when Planned Parenthood attempted to write into law, as
the outrageous 1999 Comprehensive Health Curriculum frameworks by the Department
of Education? Yup, they're included here as "Exhibit B", even though
almost no one ever has paid any serious attention to them.
And "Exhibit C" is a bizarre opinion written by DOE Commissioner David Driscoll
a few years back on a gay-related issue, which Paul Ash has attempted to use as
a hammer against the Parkers and other parents. The DOE has done its best to
make any adjudication process as long, painful, and agonizing as possible for
parents. In ten years, we don't know of any parent with a complaint that's ever
made it through with a positive result.
This may seem unbelievable to you. But this is deadly serious. Someday this
could all be used against YOU!
What happens next
The next step is a formal rebuttal to this Motion for Dismissal, now being
prepared by David Parker's lawyers.
It is due around Labor day. After
that, the next step is for federal Judge Mark Wolf to decide whether to (a) dismiss the case
-- and thus the Parkers (and parents across the country) would lose everything -- or
(b) allow it to stand trial. This is an incredibly important decision,
obviously. We think it will come reasonably quickly after Labor Day. Our
bet is that the trial will be allowed to take place, but that's just an
intelligent guess. We have a lot of confidence in Denner & Associates,
Parker's legal team, that they can successfully carry this through, if it's
allowed to go to trial. Pretty scary stuff.
We will be there to inform you when anything happens!