47. Young children of the ages of the two Parker children are far more susceptible to
indoctrination and persuasion than are children even a few years older.
48. At all pertinent times, the actions of the defendants jointly and severally constituted "state
action" as that term is defined in the various counts below.
49. There exists a true and justiciable conflict between the plaintiffs and the defendants,
which conflict is certain to continue such that declaratory relief may be granted.
THE WIRTHLINS
50. At all pertinent times, Joseph and Robin Wirthlin, the adult plaintiffs, were married to
one another. The adult plaintiffs are the natural parents of the plaintiff _____
Wirthlin, "_____$quot; who was born on September 13, 1998.
51. At all pertinent times, the minor plaintiff _____ was enrolled in the second grade at the
aforesaid Estabrook Elementary School.
52. Each week, the teacher chooses books to place on a particular bookshelf in the classroom.
The children are supposed to read the books and determine the unifying theme of the
books. The theme of the week ending March 24,2006 was "weddings."
53. On or about Friday, March 24,2006, the teacher in _____'s class, defendant Heather
Kramer, read out loud to .the students from a book entitled King and King, which she had
selected from the library. This book describes a romantic attraction between two men.
The protagonist is a male prince who is told by his mother that he needs to find a wife.
He rejects several females for superficial reasons such as the fact that one princess is
"black" and has arms that are too long. One princess is too fat, and one has glasses and
crooked teeth. He then discovers he is homosexual, falls in love and lives happily ever
after with another homosexual male. The two males are graphically depicted as kissing at