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CORNWELL v. STATE BOARD OF EDUCATION

Civ. No. 20822.

314 F.Supp. 340 (1969)

Richard M. CORNWELL and Mary Doris Cornwell, Individually and as parents of David Douglas Cornwell and John Grant Cornwell, Minors, and Dr. Robert L. Kondner and Thelma L. Kondner, Individually and as parents of Marilyn A. Kondner and David W. Kondner, Minors, and Edward M. Lowe and Matilda K. Lowe, Individually and as parents of William Edward Lowe, a Minor, Plaintiffs, v. STATE BOARD OF EDUCATION et al., Defendants.

United States District Court, D. Maryland.

August 22, 1969.

Attorney(s) appearing for the Case

Edward C. Mackie and Warren K. Rich, Baltimore, Md., for plaintiffs.

R. Bruce Alderman, County Solicitor, and Harris James George and Thomas J. Aversa, Jr., Asst. County Solicitors, Towson, Md., for defendant Baltimore County Board of Education.

Francis B. Burch, Atty. Gen. of Maryland, and Martin B. Greenfeld, Asst. Atty. Gen., Baltimore, Md., for defendant State Board of Education.

MEMORANDUM OPINION

HARVEY, District Judge:

In this civil action, Baltimore County taxpayers are suing the Maryland State Board of Education seeking to prevent the implementation in the Baltimore County Schools of a program of sex education. In particular, the plaintiffs, who are school children and their parents, seek to have this Court declare unconstitutional a bylaw duly adopted by the State Board. The provision in question is By-Law 720, Section 3, Subsection...

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