Morrison v. Board of Education

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In Morrison v. Board of Education, 2006 U.S. Dist. LEXIS 6373 (E.D. Ky. Feb. 17, 2006), a lawsuit was filed by students who objected to being forced to watch a politically correct, pro-homosexual video that was unrelated to academics. Included in the mandatory one-hour video were dogmatic claims that homosexuality is somehow immutable and that it is wrong to object to the lifestyle. This case was a follow-up on a prior decision, Boyd County High School Gay Straight Alliance v. Board of Education of Boyd County, 03-CI-17-DLB, in which a federal district court ordered a Kentucky school district to allow a "Gay Straight" club in its high school. That decision had also imposed a consent decree that required mandatory staff and student diversity training, and ordered that "a significant portion of which would be devoted to issues of sexual orientation and gender harassment."

In the new lawsuit, parents objected to the mandatory video because it "effectively forces the students to speak in agreement with the School District's view that homosexuality is a safe and healthy lifestyle that cannot be changed." Compl. 20.[1]

The court sided with the school and with the mandatory video, ruling against the objecting families. While its opinion omitted any description of what was actually on the video, the court declared it to be neutral in content and he even stripped parents of their rights to object to the mandatory indoctrination. The court quoted with approval a sweeping holding by the First Circuit:[2]

We think it is fundamentally different for the state to say to a parent, 'You can't teach your child German or send him to a parochial school,' than for the parent to say to the state, 'You can't teach my child subjects that are morally offensive to me.'

In that First Circuit decision, the appellate court rejected objections by families to mandatory attendance at a school program that entailed sexually explicit dialog advocating homosexual and other sexual conduct, and which even enlisted minors to participate in sexually suggestive skits.


  2. Morrison v. Board of Education, 2006 U.S. Dist. LEXIS 6373, *20 (quoting Brown v. Hot, Sexy and Safer Productions, Inc., 68 F.3d 525, 533-34 (1st Cir. 1995))