At times in United States history, religious freedom and the right to a public education have been at odds, and these disputes have frequently spilled into the federal courts. Particularly, federal courts have often heard claims from parents who argue that public schools violated their First Amendment right to the free exercise of religion and Fourteenth Amendment right to direct the upbringing of their children. In Parker v. Hurley, the United States Court of Appeals for the First Circuit considered whether a public school violated parents’ constitutional rights when it exposed young students to picture books depicting same-sex couples without affording parents the opportunity to exempt their children. The First Circuit affirmed the district court’s dismissal of the parents’ claims, holding that the claims were constitutionally insignificant. . . .
Constitutional Law—School’s Use of Books Depicting Same-Sex Couples Does Not Violate Parents’ Constitutional Rights—Parker v. Hurley, 514 F.3d 87 (1st Cir. 2008), cert. denied, 129 S. Ct. 56 (2008)
Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42