Gorsuch and Maryland school district lawyer have wild exchange over children's LGBTQ storybook: 'Not bondage'
The lawyer for a Maryland school district and U.S. Supreme Court Justice Neil Gorsuch had a wild exchange this week about a children's book amid an ongoing case brought by parents who want to be able to opt their children out of reading LGBTQ storybooks in their public school.
Gorsuch was asking Alan Schoenfeld, the attorney representing Montgomery County Public Schools, about "Pride Puppy!" a 32-page book that tells the story of a family celebrating Pride Day when their dog gets lost in the parade and the effort to reunite the pup with his loved ones.
The rhyming alphabet book, which was described as "affirming and inclusive" by its publisher, allows readers to spot items starting with each of the letters of the alphabet while offering "a joyful glimpse of a Pride parade and the vibrant community that celebrates this day each year."
The book was previously used in the district's pre-kindergarten curriculum.
"And they're being used in English language instruction at age 3?" Gorsuch asked.
"'Pride Puppy!' was the book that was used for the pre-kindergarten curriculum. That's no longer in the curriculum," replied Schoenfeld.
"That's the one where they're supposed to look for the leather and things - and bondage – things like that," Gorsuch responded.
"It's not bondage. It's a woman in a leather..."
A "Sex worker?" asked Gorsuch.
"No. That's not correct. No," replied Schoenfeld.
"Gosh, I read it...drag queen?" said Gorsuch.
Schoenfeld said the leather is actually a woman in a leather jacket and that "one of the words is drag queen."
The high court was hearing arguments in the case brought by religious parents who say young children can't be expected to separate a teacher's moral messages from their family's beliefs.
Eric Baxter, the attorney representing Maryland parents in Mahmoud v. Taylor, told the justices that the school district violated the First Amendment by denying opt-out requests for books that "contradict their religious beliefs," even while allowing exemptions for other religious objections – such as books depicting the Muslim Prophet Muhammad.
Baxter said teachers were required to use the materials in class after the district approved certain LGBTQ-themed curriculum books in 2022.
"When the books were first introduced in August of 2022, the board suggested they be used five times before the end of the year," he said. "One of the schools, Sherwood School, in June for Pride Month said that they were going to read one book each day."
The district initially allowed parents to opt out their children for religious concerns but reversed course by March 2023, citing concerns about absenteeism and administrative burdens.
Among the other storybooks at the center of the case is "Prince & Knight," a modern fairy tale aimed at children ages 4 to 8, which tells the story of two men who fall in love after joining forces to defeat a dragon and later marry.
Another book frequently referenced during oral arguments was "Uncle Bobby's Wedding," which follows a young girl processing her favorite uncle's decision to marry another man.
The Supreme Court is expected to issue a ruling in the case by late June.
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