Supreme Court weighs parents' objections to LGBTQ content in elementary schools
WASHINGTON — The Supreme Court on Tuesday considers the latest dispute that pits religious rights against LGBTQ rights as the justices weigh parents' objections over books made available in a school district's elementary schools that feature stories about gay and transgender characters.
At issue are books included in the English language arts curriculum in Montgomery County, Maryland. The dispute arose in 2022 after the school board in Montgomery County, a large and diverse jurisdiction just outside Washington, decided it wanted more storybooks reflecting LGBTQ stories to better reflect the people who live there.
One book, "Uncle Bobby's Wedding," features a gay character who is getting married. Another, called "Born Ready," is about a transgender child who wants to identify as a boy.
Some parents objected on religious grounds under the Constitution's First Amendment, saying their children should be able to opt out of any exposure to the content.
The lead plaintiffs are Tamer Mahmoud and Enas Barakat — a Muslim couple who have a son in elementary school. Other plaintiffs are members of the Catholic and Ukrainian Orthodox churches.
They are not challenging the curriculum itself, just the lack of an opt-out.
A federal judge and the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals both ruled in favor of the school board.
The Supreme Court will determine whether the school board policy burdens religious rights. The justices could then determine whether that burden violates the Constitution, or they could send the case back to lower courts to make that determination.
The parents, represented by the religious liberties group Becket, say that under Supreme Court precedent they have a right to opt out of any instruction that would interfere with their children's religious development.
The school board is 'compelling instruction designed to indoctrinate petitioners' children against their religious beliefs,' the parents' lawyers wrote.
The parents have the backing of the Trump administration.
Lawyers for the school board said in court papers that there is no attempt to coerce children and that there was an attempt to allow an opt-out "until doing so became unworkably disruptive."
The lawyers wrote that the court record is "devoid of evidence that petitioners or their children are compelled or pressured to modify their religious beliefs or practice."
The school board also asserts that although the books are in classrooms and available for children to pick up, teachers are not required to use them in class.
The Supreme Court has a 6-3 conservative majority that often backs religious rights, including in cases involving conflicting arguments made by LGBTQ rights advocates. In 2023, for example, the court ruled in favor of a Christian web designer who refused to work on same-sex weddings.
The court is hearing another major religious case next week when it considers whether to approve the country's first public religious charter school.
In its next term, which starts in October, the court will consider a challenge to state laws that ban " conversion therapy" aimed at young people questioning their sexual orientations or gender identities.
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