Friday, February 8, 2008
A response from a reader
I received earlier today an e-mail response on the Parker case on which Richard M. and I recently commented after the First Circuit issued its opinion on January 31. The author of the e-mail is Professor Scott FitzGibbon of Boston College Law School. Scott is a reader and friend of the Mirror of Justice. Here is what Scott has to say about Parker:
Your posting on Parker v Hurley provokes my wish to draw readers’ attention to the following sentence from that First Circuit decision: “Given that Massachusetts has recognized gay marriage under its state constitution, it is entirely rational for its schools to educate their students regarding that recognition.” (text at note 5). This leads the court to justify school materials which of course go far beyond discussing the legalities. This reasoning should be brought to the attention of anyone who might still believe that if same-sex marriage comes to their state it will affect only those same-sex couples who take advantage of it. No: it can affect everyone’s children.
I think Scott is right; moreover, that is why I indicated that there is confusion in the First Circuit’s opinion (and as I previously posted regarding the District Court’s opinion last year) regarding the applicability of international law that is designed to protect parents and their children from the very concern on which Scott has commented. RJA sj
https://mirrorofjustice.blogs.com/mirrorofjustice/2008/02/a-response-from.html