Federal Appeals Court Says It's OK for School to Teach Children's Book Encouraging Tolerance for Gay People

Noting that there has never been a federal case finding a constitutional right of parents to exempt their children from exposure to books used in public schools, the court said, "There is no free exercise right to be free from any reference in public elementary schools to the existence of families in which the parents are of different gender combinations."

"The courts have rightfully found that parents can't control which books are used in school just because they are in conflict with their personal religious beliefs," said Sarah Wunsch, ACLU of Massachusetts staff attorney. "School administrators and teachers can take heart from this and not be afraid to use materials that show diverse families just because a handful of parents might object."

The two families objecting to the use of the books filed suit after the Lexington Superintendent of Schools released a public statement explaining the school district's position that it would not provide parental notification for "discussions, activities, or materials that simply reference same-gender parents or that otherwise recognize the existence of differences in sexual orientation."

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