Up in Concord, the papers are flying in the Mad Dad case. Both the vindictive foursome filed a rebuttal to a motion to dismiss and a bunch of good guys filed a amicus, friend of the court, brief.
Regular readers know about the case. In pseudo-bucolic Lexington, a young boy's father was shocked, shocked to find that the optional diversity reading kit he was to review and consider for his child showed cartoon homosexual couples engaged in such sexually loaded duties as doing homework with a child and helping a kid wash the family dog. (Pardon me while I allow my heart rate to return to normal.)
He staged a sit-in at the school to protest not being notified of any planned or spontaneous conversation in kindergarten or elementary school that would even mention homosexuals or that their marriages were legal here. Shocked, shocked, I say.
He tucked his apparently obedient uxorial unit figuratively under his arm, got another couple to join in a law suit claiming all manner of civil wrongs to his civil rights. Their lawyer is from Jeffrey Denner, whose stated practice areas are not the sort most of us would mention, much less advertise with pride. We don't know who's paying any bills, but can surmise.
Regardless, the hysterics over at MassResistance have done us all a favor by posting both briefs. We grabbed both the rebuttal to the dismissal motion and the amicus brief. We'll get to those in detail and make some comments here, after we work on the California same-sex-marriage decision.
Unfortunately, appeals courts rarely support dismissal motions. They are being asked for interpretations of law and generally like to hear all the arguments. So, this one could well drag on for some time after the District Court judge considers dismissal motion, rebuttal and amicus.
Note: The amicus brief is by groups that just gall the anti-gay folk no end -- the Massachusetts ACLU, the Lexington C.A.R.E.S. parents folk, and (gasp) the Lexington and Massachusetts teachers associations.
Stated simply, the defendants -- school officials -- hold that the Mad Dad has no case. He wasn't wronged. He has no right to have curriculum tailored to his religious beliefs; rather, he can do what other outliers do, enroll his kids in a private school that suits him. The school officials are doing their required duty and can't be sued for that. The state law requiring notification and opting out of sex education classes doesn't apply where mentions of the reality of same-sex marriage are made in passing.
We'll post on the rebuttal. It appears to be a keeper. We recommend that you download and save the PDF file. On a cold evening before the fire, you may need a chuckle.
To be analyzed and posted...
Tags: massmarrier, Massachusetts, same sex marriage, Lexington, public schools, parental notification