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Shaker Heights' Mercer Students Have Their Day in Court

Larissa Martin’s fourth-grade students at Mercer Elementary had their day in court Thursday.


At issue: The constitutionality of a hypothetical school rule that allows girls to go outside and enjoy recess on the playground while boys stay inside and clean the room and prepare snacks for them.


The litigants: Even though the rule benefited them, the girls argued against it. Conversely, the boys supported it. 


The jurist: The Honorable Judge J. Philip Calabrese of the U.S. District Court in Cleveland.


The mock trial was arranged by Matthew Gurbach, a trial lawyer and the father of fourth-grader Josephine, who is in Martin’s class. As the judge listened, all 18 of the students in the class took turns approaching the bench and presenting arguments they had prepared for their side.


The girls in the class attacked the rule on the grounds of the 14th Amendment. The boys in the class cited the unfair treatment of women as a reason to preserve the perk of enjoying recess.


After they were done with their own presentations, the students had a flood of questions for Calabrese, who was happy to spend time with such an enthusiastic group. “People usually aren’t very excited about appearing before me,” he said.


Martin said her students worked hard on their presentations. The experience required them to do research, writing and public speaking. 


As for the verdict? “It’s under advisement,” Calabrese said before leaving. “I’ll issue a ruling in due course.”

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