Conservative justices sound sympathetic to opt-out rights on LGBTQ instruction
The Supreme Court recently heard oral arguments in a case weighing whether Christian, Muslim and Jewish parents have the right to opt their children out of lessons involving LGBTQ topics, with conservative justices appearing sympathetic to religious parents’ rights.
The case, Mahmoud v. Taylor, centers on a Maryland public school’s decision to include LGBTQ storybooks in its curriculum and ending its practice of allowing parents to opt their kids out of the instruction.
During oral arguments in late April that lasted nearly three hours, the court heard from attorneys from both sides, with a majority of center-right justices voicing skepticism of the school’s actions.
The hearing has given hope to several attorneys who filed briefs in support of the petitioners, they told The College Fix in recent interviews.
“This is probably the first real significant parental rights case in 25 years,” Ian Prior, an attorney with America First Legal, told The College Fix in a phone interview. “Depending on how far it goes,” he said, this could be “a monumental decision.”
“We are on the verge of a very important Supreme Court win,” said Marc Wheat, an attorney with Advancing American Freedom in a telephone interview with The Fix. He said he views the school’s actions as “a violation of the freedom of association.”
Counsel for both parties did not respond to requests from The College Fix for comment.
The issue began in 2022 when Montgomery County Public Schools in Maryland introduced storybooks featuring LGBTQ characters into its K-12 curriculum. In 2023, it discontinued the opt-out policy, prompting a 2023 lawsuit from a group of Muslim, Christian, and Jewish parents.
After losing in district court and on appeal, the parents brought their case to the Supreme Court.
The parents accuse the school of forcing LGBTQ topics on young kids, arguing the policy involves more than mere exposure. They argue former cases, especially Wisconsin v. Yoder, affirm their right to decide their child’s education — including an opt-out provision on sensitive material.
On Monday, a California district judge issued an injunction against a similar policy from an elementary school that refused to allow an opt-out for instruction on gender identity.
Bill Duncan, an attorney with the Sutherland Institute, told The College Fix via an email interview that an opt-out ability is “a right nearly universally recognized throughout the nation.”
In its brief to the court, Montgomery County Public Schools stated its curriculum aims to promote “equity, respect, and civility.” The brief compared the storybooks to “classic books such as Snow White, Cinderella, and Peter Pan” and argued the no-opt-out policy does not require students to abandon their religious beliefs.
MCPS also argued the books provide a public benefit and exposure to them is not coercive enough to violate constitutional rights.
During oral arguments, the justices spent time reviewing the content of the storybooks and examining the scope of the parents’ rights.
A few of the justices adopted the school district’s reasoning, questioning the burden the policy places on parents.
Justice Ketanji Brown Jackson, for example, asked whether a burden exists when “the parent can choose to send their kid to a different school.” Justice Sonia Sotomayor questioned “where you draw the line” between objections to same-sex marriage and objections to interracial marriage.
In contrast, Justice Samuel Alito wondered whether the books were suitable for young children, asking whether kids could tell the difference between truth and instruction. Justice Brett Kavanaugh said he was “a bit mystified” by the school’s policy.
Ilya Shapiro, a senior fellow at the Manhattan Institute, told The Fix by phone that the case is “more likely to be decided on freedom of religion.” He added that “the majority supports the challengers.”
A decision is expected in June.
MORE: Supreme Court ruling allows Trump to cancel DEI teaching grants
IMAGE CAPTION AND CREDIT: A person prays in front of the Supreme Court / Lazy Llama, Shutterstock
Like The College Fix on Facebook / Follow us on Twitter
<!–
–>
发表回复