Court: First Circuit
Subject: Recruitment fantasies
Tone: Patient and thorough
Remember a couple of years ago when some parents in Lexington sued the school district because they didn’t want their kids exposed to favorable perspectives on gay marriage and homosexuality. Well, they lost in the trial court and today, in Parker v. Hurley, First Cir. No. 07-1528, they lost in the First Circuit.
As morally repugnant as we might find these plaintiffs’ positions to be, it took the First Circuit 44 pages of precise and careful analysis to dispose of their claims. Between Roberts, Alito, Scalia, and Thomas, there may be enough votes for the U.S. Supreme Court to give this a look. Given Kennedy’s performance of late, though, it’s difficult to see a different result there.