Supreme Court says Maryland parents can pull their kids from public school lessons using LGBTQ books
The justices reversed lower-court rulings in favor of the Montgomery County school system in suburban Washington. The high court ruled that the schools likely could not require elementary school children to sit through lessons involving the books if parents expressed religious objections to the material.
The decision was not a final ruling in the case, but the justices strongly suggested that the parents will win in the end.
The court ruled that policies like the one at issue in the case are subjected to the strictest level of review, nearly always dooming them.
The school district introduced the storybooks, including 'Prince & Knight' and 'Uncle Bobby's Wedding,' in 2022 as part of an effort to better reflect the district's diversity. In 'Uncle Bobby's Wedding,' a niece worries that her uncle won't have as much time for her after he gets married to another man.
The justices have repeatedly endorsed claims of religious discrimination in recent years and the case is among several religious-rights cases at the court this term. The decision also comes amid increases in recent years in books being banned from public school and public libraries.
Many of the removals were organized by Moms for Liberty and other conservative organizations that advocate for more parental input over what books are available to students. Soon after President Donald Trump, a Republican, took office in January, the Education Department called the book bans a 'hoax' and dismissed 11 complaints that had been filed under Trump's predecessor, President Joe Biden, a Democrat.
The writers' group Pen America said in a court filing in the Maryland case that the objecting parents wanted 'a constitutionally suspect book ban by another name.' Pen America reported more than 10,000 books were banned in the last school year.
Parents initially had been allowed to opt their children out of the lessons for religious and other reasons, but the school board reversed course a year later, prompting protests and eventually a lawsuit.
At arguments in April, a lawyer for the school district told the justices that the 'opt outs' had become disruptive. Sex education is the only area of instruction in Montgomery schools that students can be excused from, lawyer Alan Schoenfeld said.
The case hit unusually close to home, as three justices live in the county, though they didn't send their children to public schools.
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The Supreme Court's conservative majority on Tuesday signaled support for the religious rights of parents in Maryland who want to remove their children from elementary school classes using storybooks with LGBTQ characters.
The court seemed likely to find that the Montgomery County school system, in suburban Washington, could not require elementary school children to sit through lessons involving the books if parents expressed religious objections to the material.
The case is one of three religious rights cases at the court this term. The justices have repeatedly endorsed claims of religious discrimination in recent years.
The school district introduced the storybooks in 2022, with such titles as 'Prince and Knight' and 'Uncle Bobby's Wedding,' as part of an effort to better reflect the district's diversity.
Parents initially were allowed to opt their children out of the lessons for religious and other reasons, but the school board reversed course a year later, prompting protests and eventually a lawsuit.
The case hit unusually close to home, as three justices live in the county, though none sent their children to public schools.
'I guess I am a bit mystified as a lifelong resident of the county how it came to this,' Justice Brett Kavanaugh said. Kavanaugh also expressed surprise that the school system was 'not respecting religious liberty,' especially because of the county's diverse population and Maryland's history as a haven for Catholics.
Pressed repeatedly about why the school system couldn't reinstitute an opt-out policy, lawyer Alan Schoenfeld said, 'It tried that. It failed. It was not able to accommodate the number of opt-outs at issue.'
Sex education is the only area of instruction in Montgomery schools that students can be excused from, Schoenfeld said.
Justices referred to several of the books, but none as extensively as 'Uncle Bobby's Wedding,' in which a niece worries that her uncle will not have as much time for her after he gets married to another man.
Liberal Justice Sonia Sotomayor and conservative Justice Samuel Alito, who are on opposite sides of most culture-war clashes, offered competing interpretations.
'Is looking at two men getting married, is that the religious objection?' Sotomayor said, noting there's not even any kissing involved.
Alito described the book as an endorsement of same-sex marriage. 'The book has a clear message, and a lot of people think it's a good message, and maybe it is a good message, but it's a message that a lot of people who hold on to traditional religious beliefs don't agree with,' he said.
In all, five books are at issue in the high court case, touching on the same themes found in classic stories that include Snow White, Cinderella and Peter Pan, the school system's lawyers wrote.
In 'Prince and Knight,' two men fall in love after they rescue the kingdom, and each other. 'Love, Violet' deals with a girl's anxiety about giving a valentine to another girl. 'Born Ready' is the story of a transgender boy's decision to share his gender identity with his family and the world. 'Intersection Allies' describes nine characters of varying backgrounds, including one who is gender-fluid.
Billy Moges, a board member of the Kids First parents' group that sued over the books, said the content is sexual, confusing and inappropriate for young schoolchildren.
The writers' group Pen America said in a court filing what the parents want is 'a constitutionally suspect book ban by another name.' Pen America reported more than 10,000 books were banned in the last school year.
A decision in Mahmoud v. Taylor is expected by early summer.
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