McDUFFY v. SEC. OF THE EXECUTIVE OFFICE OF EDUCATION


415 Mass. 545 (1993)

615 N.E.2d 516

JAMI McDUFFY & others vs. SECRETARY OF THE EXECUTIVE OFFICE OF EDUCATION & others (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

June 15, 1993.


Attorney(s) appearing for the Case

Michael D. Weisman (Sara Miron Bloom, Mark A. Simonoff, Alan J. Rom, Richard W. Murphy & Michelle A. Allaire with him) for the plaintiffs.

Douglas H. Wilkins, Assistant Attorney General (Mary C. Connaughton, Assistant Attorney General, & Robert H. Blumenthal, Special Assistant Attorney General, with him) for the defendants.

The following submitted briefs for amici curiae:

Paul A. Minorini & Steven J. Routh, of the District of Columbia, Helen Hershkoff, of New York, & John Reinstein for Civil Liberties Union of Massachusetts & others.

Henry C. Dinger & Barbara Healy Smith for Massachusetts Business Alliance for Education & others.

Scott P. Lewis & Wendy J. Bookstein for Jonathan Kozol.

Stephen J. Finnegan & Michael J. Long for Massachusetts Association of School Committees, Inc., & another.

David Lee Turner, Town Counsel, for town of Brookline.

Robert Pressman for Center for Law & Education & another.

Naomi R. Stonberg & Linda Thomas Lowe for School Committee of Gloucester & another.

Jeffrey W. Jacobsen for Massachusetts Federation of Teachers, AFT, AFL-CIO.

Michael B. Rosen for Trustees of Boston University.

Roger L. Rice for Padres Unidos en Educacion y el Desarrollo de Otros & others.

Charlotte Ryan, pro se.

Dr. Peter L. Frangipane for Lynn Citizens Coalition for Public Education.

Present: LIACOS, C.J., ABRAMS, NOLAN, O'CONNOR, & GREANEY, JJ.


LIACOS, C.J.

The Constitution of this Commonwealth, adopted by the people, provides:

"Wisdom and knowledge, as well as virtue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties; and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of legislatures and magistrates...

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