United States First Circuit

In a suit brought by parents, whose religious beliefs are offended by gay marriage and homosexuality, against their children's school district claiming that they had to be given prior notice by the school and the opportunity to exempt their young children from exposure to books they find religiously repugnant, dismissal of parents claims is affirmed where, accepting plaintiffs' assertion that their sincerely held religious beliefs were deeply offended, they failed to establish a constitutional burden on their rights, or on those of their children.

Appellate Information

• Decided 01/31/2008
• Published 01/31/2008

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert S. Sinsheimer with whom Jeffrey A. Denner, Neil Tassel, and Denner Pellegrino, LLP, were on brief for appellants., 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, amici 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.


• For Appellees:
  
• John J. Davis with whom Pierce, Davis & Perritano, LLP, was on brief for appellees.