SCOTUS Backs Parents In Religious LGBTQ+ Book Case
The U.S. Supreme Court ruled 6-3 on Friday that a group of religious parents can opt their children out of elementary school curriculum that involves books with LGBTQ+ themes.
In Mahmoud v. Taylor, a group of parents of a number of religions, including Catholics and Muslims, sued the Montgomery County, Maryland, public school board after the district removed a policy that allowed those with religious objections to pull their children out of class whenever a book with LGBTQ+ characters would be used for teaching. The parents argued the new policy violated their religious freedom to teach their own values to their children.
In an opinion written by Justice Samuel Alito, the court ruled that the parents were entitled to a preliminary injunction against the policy.
'The parents are likely to succeed on their claim that the Board's policies unconstitutionally burden their religious exercise,' the majority wrote. 'The Court has long recognized the rights of parents to direct 'the religious upbringing' of their children.'
The court also said the lower court's finding that the parents' arguments were 'threadbare' was incorrect.
In a fiery dissent, Justice Sonia Sotomayor argued that for poorer school districts, it may be too costly to engage in lawsuits over opt-outs or spend funds tracking student absences. 'Schools may instead censor their curricula, stripping material that risks generating religious objections,' she wrote. 'The Court's ruling, in effect, thus hands a subset of parents the right to veto curricular choices long left to locally elected school boards.'
'In a time of ever-increasing polarization in our country, exemptions that would require schools to allow children to refuse exposure to materials and curriculum about people from various backgrounds is divisive and harmful,' Deborah Jeon, the legal director for the American Civil Liberties Union of Maryland said in April before the court heard oral arguments.
The conservative justices didn't see it that way. 'They're not asking you to change what's taught in the classroom,' Justice Brett Kavanaugh said during arguments. 'They're only seeking to be able to walk out … so the parents don't have their children exposed to these things that are contrary to their own beliefs.'
The decision is likely to have reverberations throughout the country.
The Supreme Court has, in recent years, sided with plaintiffs who allege that antidiscrimination statutes are violations of their religious freedom, including a high school football coach who was fired for praying on the field and a website designer who didn't want to be forced to make wedding websites for same-sex couples.
GOP-led states have been fighting to bring Christianity into public school classrooms by introducing bills to require displaying the Ten Commandments in classrooms and pushing Bible-based curricula for students as well.
It's also another victory for right-wing culture warriors who, for the past several years, have been leading the movement to remove books from classrooms and reshape what and how schoolchildren are learning. Under the guise of parental rights, Republicans and conservative activists have pushed laws that ban books that deal with LGBTQ+ themes and censor what teachers can say about sexual orientation and gender identity.
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