After their summer recess, the Justices of the Supreme Court will meet in conference sessions starting today to decide whether to grant review in hundreds of pending cases in which cert petitions have been filed. A week from today, on the first Monday in October, the Court will announce those decisions.
One of these cert petitions asks the Court to hear an appeal in Parker v. Hurley, 514 F.3d 87 (1st Cir. 2008), in which two sets of parents sued a Massachusetts school district for trying to "indoctrinate" their children that homosexuality and same-sex marriage are morally legitimate. The case involved elementary school classes in which the students were introduced to children's books featuring same-sex couples and families. The First Circuit affirmed the dismissal of the complaint, holding that the plaintiffs had not established a viable claim of indoctrination and that the school officials had acted appropriately.
Because current case law invariably supports a public school district's authority in this kind of case, I predict that the Court will deny cert. (If it doesn't, I'll have a lot more to say about this case.)
Here's the new twist: the Family Research Council, a right-wing gaggle based in DC, has produced a video about the Parker case for use in the anti-gay marriage referenda fights in California, Florida and Arizona. Follow the link and watch for yourself. The goal of this production – as FRC President Tony Perkins says point blank – is to answer the question of why allowing same-sex marriage will hurt anyone else's marriage. The answer: your kids will be taught that homosexuality is ok. This argument is their new theme song.