Contentious Sex-Ed Curriculum Halted

The judge seemed particularly disturbed by sections of the teacher guidelines that portrayed certain denominations negatively because of their views on homosexuality.

"The Revised Curriculum notes that 'Fundamentalists are more likely to have negative attitudes about gay people than those with other religious views.' The Revised Curriculum also paints certain Christian sects, notably Baptists, which are opposed to homosexuality, as unenlightened and Biblically misguided," he wrote.

"The Court does not understand why it is necessary, in attempting to achieve the goals of advocating tolerance and providing health related information, Defendants must offer up their opinion on such controversial topics as whether AIDS is God's judgment on homosexuals, and whether churches that condemn homosexuality are on theologically sound ground," the order says.

During the hearing, Erik Stanley, attorney for the plaintiffs, argued that the school board had overstepped its authority.

"The government has no business putting its stamp of approval on one religion," he said, noting that supporting materials highlight denominations that are more supportive of homosexuality. He also argued that the curriculum did not include alternative points of view on the issue and said that the experience of former gays was omitted from the curriculum.

Stanley said no harm would be done if the judge ordered the school system to delay implementing the curriculum until a more thorough review could be conducted. He noted that the school system has a health curriculum in place to which his clients do not object.

But the school system's attorney, Judith Bresler, argued that it made no sense to scrap the entire program, because parents who opposed the new curriculum could opt out of the unit and choose an alternative curriculum for their children.

She noted that the teaching materials cited by the plaintiffs -- which highlighted denominations that were supportive of homosexuality, Unitarians and Quakers, and groups that opposed it, fundamentalists and Baptists -- are "selected" pieces of a board curriculum and are meant for teacher guidance only.

"The school system has taken a very neutral and nonjudgmental position," Bresler said. "I don't think IDing those religions is adopting one or the other. It's simply providing information."