David PARKER; Tonia Parker; Joshua Parker; Jacob Parker; Joseph Robert Wirthlin; Robin Wirthlin; Joseph Robert Wirthlin, Jr., Plaintiffs, Appellants,
v.
William HURLEY; Paul B. Ash; Helen Lutton; Thomas R. Diaz; Olga Guttag; Scott Burson; Andre Ravenelle;, Joni Jay; Jennifer Wolfrum; Heather Kramer; Town of Lexington; Thomas Griffith, Defendants, Appellees.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard December 5, 2007.
Decided January 31, 2008.
Attorney(s) appearing for the Case
Robert S. Sinsheimer with whom Jeffrey A. Denner, Neil Tassel, and Denner Pellegrino, LLP, were on brief for appellants.
John J. Davis with whom Pierce, Davis & Perritano, LLP, was on brief for appellees.
Eben A. Krim, Mark W. Batten, Proskauer Rose, LLP, Sarah R. Wunsch, ACLU Foundation of Massachusetts, Kenneth Y. Choe, James D. Esseks, and ACLU Foundation on brief for American Civil Liberties Union; American Civil Liberties Union of Massachusetts; Lexington Community Action for Responsible Education and Safety; Lexington Education Association; Massachusetts Teachers Association; and Respecting Differences, amid curiae.
Harvey J. Wolkoff, Bonnie S. McGuire, Ropes & Gray LLP, Robert O. Trestan, Steven M. Freeman, Steven C. Sheinberg, Deborah Cohen, and Anti-Defamation League on brief for Anti-Defamation League, amicus curiae.
Nima R. Eshghi, Mary L. Bonauto, Gary D. Buseck, and Gay & Lesbian Advocates & Defenders on brief for Gay & Lesbian Advocates & Defenders; Gay, Lesbian & Straight Education Network; Greater Boston Parents, Families and Friends of Lesbians and Gays; Human Rights Campaign; Human Rights Campaign Foundation; and the Massachusetts Women's Bar Association, amici curiae.
Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.
United States Court of Appeals, First Circuit.
LYNCH, Circuit Judge.
Two sets of parents, whose religious beliefs are offended by gay marriage and homosexuality, sued the Lexington, Massachusetts school district in which their young children are enrolled. They assert that they must be given prior notice by the school and the opportunity to exempt their young children from exposure to books they find religiously repugnant. Plaintiffs assert violations of their own and their children's rights under the Free Exercise...
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