Winger control freaks took a big hit today. The judge in the federal Mad Dad case told the four plaintiff parents to take a hike.
This one was so easy to predict that we can't even be smug. If you scan the past couple of weeks of this blog, you'll see that we were torn over whether U.S. District Court Chief Judge Mark L. Wolf would let this go to trial or dismiss it. We never seriously entertained the idea that the two couples could prevail on such a theocratic suit.
The gist of the suit is that the four claimed that their First and Fourth Amendment rights in the U.S. Constitution were violated by the Lexington schools' diversity program. They alleged that mentioning the reality of same-sex marriage and the possibility of homosexual couples would deprive them of their freedom to practice their religion in teaching their kids.
Wolf howled, "No!" His whole ruling is here. At the same site, there are views very opposed to mine.
This ruling may be no huge surprise, perhaps even not to David Parker and his uxorial unit. Theirs, indeed, was a quixotic charge. They gambled that stringing together key amendments with such concepts as parental duty and traditional values would outweigh tomes of law and case law. Honk. Thanks for playing.
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Perhaps the best outcome of this suit was that the plaintiffs' claims were so outre that they forced Wolf to respond in wording that other federal and state judges will use to quash such frivolous actions. For example, Wolf stated:
In summary, the court must dismiss plaintiffs' federal claims because this case is not distinguishable in any material respect from Brown v. Hot, Sexy and Safer Productions, 68 F.3d 525 (1st Cir. 1995). In Brown, the First Circuit held that the constitutional right of parents to raise their children does not include the right to restrict what a public school may teach their children and that teachings which contradict a parent's religious beliefs do not violate their First Amendment right to exercise their religion.
More:
http://massmarrier.blogspot.com/2007/02/mad-dad-loses-huge-one.html