by Brannon Howse
David Parker's lawyers officially file in US Supreme Court! Town of Lexington and homosexual activists preparing opposing briefs asking for denial.
David Parker led into court in handcuffs (left)
After a long series of meetings with Estabrook Elementary School officials regarding about teaching homosexual issues to his son in kindergarten without parental consent, David Parker finally told the principal and the city's director of education that he would not leave until the school agreed to negotiate some agreement on the matter. Rather than negotiate, the officials had Parker arrested and brought to jail, where he spent the night. The next morning he was led into Concord District Court in handcuffs. The case has made international news as far away as Europe and Australia.
Since then, local liberals and homosexual activists have mercilessly attacked the Parkers in the press and even in local demonstrations, but the Parkers have been resolute. In April 2006 the Wirthlins joined the Parkers in filing the civil rights lawsuit after a teacher in the same elementary school read "King and King", a book on homosexual romance, to their son in second grade without notification or consent.
Outrageous and insulting rulings by lower courts
The rulings by the two federal courts on this case - denying the Parkers a trial and strongly stating that schools have the right to teach homosexuality to children without parental interference - have been so bizarre that it boggles the mind. These judges were clearly following the politically correct radical path of least resistance.
On February 23, 2007, Federal District Court Judge Mark Wolf stated that teaching homosexuality is necessary for to prepare kids for citizenship, and that if parents don't like it they can elect a different school committee or just homeschool their kids.
David Parker's Boston law firm, Denner Pelligrino LLP has filed a "cert petition" with the United States Supreme Court, formally asking the Court to review the ruling this past January by the Federal Appeals Court in Boston.
David Parker, his wife Tonia, and Rob and Robin Wirthlin have been attempting to bring a federal Civil Rights lawsuit against school officials and others in Lexington, Massachusetts. However, with the help of well-funded national homosexual groups, the school has persuaded judges in the Boston Federal District Court and Federal Appeals Court to deny the lawsuit the right to go to trial. Thus, the plaintiffs are appealing to the US Supreme court for the right to allow the lawsuit to be heard.
Petition for Writ of Certiorari (informally called "Cert Petition") is a document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court. It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ. (source: textlawjournal.com)
Cert Petition filed with US Supreme Court (41 pages)
Appendices to Cert Petition: text of decisions being appealed, etc. (111 pages)
Official notice on US Supreme Court website
At issue is the teaching of homosexuality and transgender topics to elementary school children while denying parents rights of consent, opt-out provision, or even notification before or after the fact! The school department, led by Superintendent Paul Ash, has stated in school publications and in the media that they will not compromise on any of those points.
Since the cert petition was filed, national homosexual groups have asked the court for an extension of time so they can file briefs opposing the petition. They have been granted the deadline of July 3.
[NOTE: MassResistance is considering submitting a brief. However, time is running short. Any attorneys who would like to get involved with this please contact us immediately!]
Background
Judge Mark Wolf dismisses Parkers' suit
On January 31, 2008, Federal Appeals Court Judge Sandra Lynch rambled on about the kids' freedom to ignore the teachers, and ended with essentially the same insulting suggestion as Wolf: "If the school system has been insufficiently sensitive to such religious beliefs, the plaintiffs may seek recourse to the normal political processes for change in the town and state."
Judge Sandra Lynch denies appeal
Parker supported far and wide
In the meantime, David Parker has been wholeheartedly supported by parents and citizens across the country.
In 2007, David Parker was invited to speak at a pro-family event in Puerto Rico where over 20,000 people thronged to hear him speak, giving him a huge show of support. He also was on television and radio throughout the island.
MassResistance report on David Parker in Puerto Rico
(with photos)
Can a case like this eventually be won?
It's happened before and it can happen again. Remembering the famous St. Patrick's Boston Parade case in the mid 1990's, Parker said that he is not at all discouraged. In that case, known as the Hurley case, an openly homosexual group wanted to march in the South Boston St. Patrick's Day Parade, but the organizers refused to allow them. With the help of the liberal legal establishment the group sued -- and won -- claiming that the parade was a "public accommodation" and may not discriminate. Famed pro-family attorney Chester Darling, arguing the case pro-bono for the parade organizers, kept appealing the case and lost on the local, state, and federal level 17 times. Finally, the US Supreme Court heard the case and eventually ruled 9-0 in favor of the parade organizers -- that the parade's freedom of speech trumps political correctness!
Although the lawsuit so far has cost the Parkers an enormous amount of money, effectively draining their savings, they believe strongly that it's important that they stand firm on this issue. They are amazing people. We need to support them.
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