
Supreme Court's conservatives are poised to strike down elementary school policy denying opt-outs for LGBTQ+ books
The Supreme Court's conservative majority on Tuesday signaled it will require schools to provide opt-outs for parents who have religious objections to LGBTQ+ books read in elementary schools, an outcome that would continue the court's years-long push to expand religious rights.
During more than two hours of feisty oral arguments in a high-profile case involving a suburban Washington, DC, school district, the court's six conservatives appeared to be aligned on the idea that the decision to decline opt-outs for books burdened the rights of religious parents.
'It has a clear moral message,' Justice Samuel Alito, a member of the court's conservative wing, said during a spirited exchange with liberal Justice Sonia Sotomayor.
'It may be a good message,' Alito added. 'It's just a message that a lot of religious people disagree with.'
The court's liberal justices repeatedly pressed the idea that simply exposing students to ideas in a book could not possibly burden religion. A majority of the court seemed to suggest in a 2022 decision that mere exposure to ideas doesn't amount to a coercion of religious beliefs.
'Looking at two men getting married – is that the religious objection?' Sotomayor pressed the attorney for the parents who challenged the books. 'The most they're doing is holding hands.'
But others on the court seemed to be open to finding a way to side with the religious parents without finding 'coercion' took place.
Several of the key conservative justices in the middle of the court asked questions suggesting they are concerned about the approach taken by the Montgomery County Public Schools in Maryland. After all, some of them noted, state law already requires its schools to opt students out of sex education if requested.
'As far as simply looking at something, looking at the image of Muhammad is a serious matter for someone who follows that religion, right?' Chief Justice John Roberts asked in a question geared at disputing the argument that looking at material can't burden religion.
Justice Brett Kavanaugh at one point appeared to be scolding the schools' position, noting that the state of Maryland was founded on 'religious tolerance, a haven for Catholics escaping persecution in England.'
'I guess I'm surprised,' Kavanaugh told the lawyer representing the schools, 'this is the hill we're going to die on in terms of not respecting religious liberty, given that history.'
The arguments – which came toward the end of a Supreme Court session that has become increasingly defined by legal challenges involving President Donald Trump – at times seemed especially tense. At one point, Sotomayor attempted to interject as Alito was speaking about one of the books involved in the dispute.
'Wait a minute,' Sotomayor jumped in.
'Can I finish, please?' Alito fired back.
As part of its English curriculum, Montgomery County approved a handful of books in 2022 at issue in the case. One, 'Prince & Knight,' tells the story of a prince who does not want to marry any of the princesses in his realm. After teaming up with a knight to slay a dragon, the two fall in love, 'filling the king and queen with joy,' according to the school's summary.
Another book, 'Born Ready,' tells the story of Penelope, a character who likes skateboarding and wearing baggy jeans. When Penelope tells his mother that he is a boy, he is accepted. When Penelope's brother questions his gender identity, their mother hugs both children and whispers, 'Not everything needs to make sense. This is about love.'
Some of the justices appeared to be taken aback by the content. At one point, the attorney for the schools was explaining one of the books – which has since been removed from the curriculum – when Justice Neil Gorsuch jumped in. Gorsuch and several of his colleagues indicated they had read the books.
'That's the one where they are supposed to look for the leather and things – and bondage, things like that,' Gorsuch said.
'It's not bondage,' the schools' attorney, Alan Schoenfeld, interjected.
'Sex worker, right?' Gorsuch said.
'No,' Schoenfeld said.
'Drag queen?' Gorsuch continued, after being reminded of the part of the book at issue by his neighbor on the bench, Justice Amy Coney Barrett.
'The leather that they're pointing to is a woman in a leather jacket,' Schoenfeld said, who acknowledged the students had the option of looking for that at the end of the book. 'And one of the words is 'drag queen.''
Kavanaugh, who often sits at the ideological center of the court, repeatedly came back to an argument that it wouldn't be a huge problem for the district to simply allow parents to opt their children out.
'I'm not understanding why it's not feasible,' he said.
But that argument has drawn sharp criticism from the schools and its allies. The schools said that an earlier effort to allow opt-outs was disruptive. And, they say, it would allow parents who object to any number of classroom discussions to opt out of a wide range of curriculum they find offense. What if, they argued, a student made a presentation in class about their same-sex parents: How could the teacher or principal be aware and handle notification of any possible presentation a parent might find objectionable?
'Once we say something like what you're asking for us to say, it'll be like opt-outs for everyone,' said liberal Justice Elena Kagan.
The school district told the court that the books are used like any other in the curriculum: Placed on shelves for students to find and available for teachers to incorporate into reading groups or read-alouds at their discretion. But the parents who object to the books said they are in active use. One challenge with the case is that it reached the Supreme Court before the record was fully developed in lower courts.
The Richmond-based 4th US Circuit Court of Appeals sided with the schools 2-1 last year, ruling that the record on how the books were being used was too scant at the early stage of litigation to determine whether the material burdened the religious rights of the parents.
The 6-3 conservative Supreme Court has sided with religious interests in every case it has considered in recent years – allowing a high school football coach to pray on the 50-yard line, permitting taxpayer money to be spent on religious schools and backing a Catholic foster care agency that refused to work with same-sex couples as potential parents.
The parents challenging the policy were represented by the religious legal organization Becket, which has brought several successful cases to the high court in recent years and has more pending.
In that sense, the Montgomery County schools were at a disadvantage before they even entered the courtroom on Tuesday. Kavanaugh seemed to flick at that point shortly before the arguments were over.
'Thank you,' Kavanaugh told Schoenfeld, sympathetically. 'It's a tough case to argue.'
This story has been updated following oral arguments.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


CNBC
20 minutes ago
- CNBC
Immigrant framed for Trump threats can be released on bond, judge says
The undocumented Mexican immigrant who was detained after being framed by a jailed inmate for threatening President Donald Trump can be released on a $7,500 bond, a Chicago Immigration Court judge ruled Tuesday morning. Judge Carla Espinoza said at a hearing that she does not believe Milwaukee resident Ramon Morales-Reyes is a danger to the community pending removal proceedings. The judge noted that although the 54-year-old Morales-Reyes has been arrested several times since 1996, he has only been convicted once, for disorderly conduct. An attorney representing the Department of Homeland Security did not oppose a request by the immigrant's lawyer, Cain Oulahan, requesting bond. Oulahan and Morales-Reyes appeared remotely, with the immigrant still detained in Dodge County Jail in Wisconsin. Espinoza said that if Morales-Reyes is unable to post bond, the next hearing in the case will be on July 10, and that she would set another date if the married dad of three is released. CNBC has requested comment from Oulahan. DHS Assistant Secretary Tricia McLaughlin, in a statement, said, "While this criminal illegal alien is no longer under investigation for threats against the President, he is in the country illegally with previous arrests for felony hit and run, criminal damage to property, and disorderly conduct with domestic abuse." "The Trump administration is committed to restoring the rule of law and fulfilling the President's mandate to deport illegal aliens. DHS will continue to fight for the arrest, detention, and removal of illegal aliens who have no right to be in this country," McLaughlin said. Morales-Reyes, who has lived in the United States since 1986, was arrested May 22 on suspicion that he had written three letters to law enforcement officers in Wisconsin that threatened Trump and others. A week later, Homeland Security Secretary Kristi Noem touted Morales-Reyes' arrest in a news release that called the dishwasher an "illegal alien," and featured his photo, as well as an image of a handwritten letter threatening to shoot "your precious president" Trump. But Milwaukee police who questioned Morales-Reyes quickly realized there was a problem with the allegations against him, court records show. First, a handwriting sample Morales-Reyes provided was "completely different" from the writing on the letters and the envelopes, which bore his home address as the return address, a criminal complaint says. Also, Morales-Reyes does not speak, read, or write English fluently, while the writing in the letters was in English. When a police detective asked Morales-Reyes, "Who would want to get [him] in trouble, [he] stated that the only person who would want to get him in [trouble] was the person who had robbed him and who law enforcement knows to be the defendant, Demetric D. Scott." Scott, who is detained in Milwaukee County Jail, was arrested in late 2023 for allegedly robbing Morales-Reyes and attacking him with a box cutter. Scott, 52, told police in late May that he had written the threatening letters about Trump, and put Morales-Reyes' address on the envelopes before they were sent on his behalf by others, to get the immigrant arrested by federal authorities so that he would be unable to testify at Scott's criminal trial in July, court records state. Scott hoped that his case would be dismissed when Morales-Reyes failed to appear in court, those records say. Scott has been charged with identity theft, felony intimidation of a witness, and bail jumping in connection with the letters plot. At the time Morales-Reyes was arrested, he had applied for a special type of visa available to victims of certain crimes. The web page announcing the Morales-Reyes' arrest remains up on DHS's site, with the now discredited allegations against him. At the bottom of that page is a "disclaimer," which notes that he is no longer under investigation for threatening Trump. —


Hamilton Spectator
26 minutes ago
- Hamilton Spectator
An immigrant Wisconsin man falsely accused of threatening Trump can be released on bond
CHICAGO (AP) — An immigrant man who was falsely accused of threatening to assassinate President Donald Trump can be released from a Wisconsin prison on bond, an immigration judge determined Tuesday. Ramón Morales Reyes was accused of a writing a letter threatening Trump in a blistering social media post by Homeland Security Secretary Kristi Noem. The post includes Morales Reyes' photo and an excerpt from the letter he purportedly wrote in English. But the claims quickly fell apart as Wisconsin authorities determined that Reyes, who doesn't speak English well or write in the language, was framed. The immigrant from Mexico was a victim in a violent 2023 attack where his bike was stolen. According to authorities, the alleged attacker, Demetric D. Scott , forged the letter to try to clear his case. Morales Reyes was set to be a witness in Scott's July trial for armed robbery and aggravated battery. Judge Carla Espinoza set Morales Reyes bond at $7,500 during a brief hearing at immigration court in Chicago. 'The defendant does not present a danger to the community,' she said. Morales Reyes, 54, appeared virtually from Dodge Detention Center in Juneau, about 70 miles (113 kilometers) north of Milwaukee. He could be released this week if the federal government does not appeal. An attorney for the federal government did not speak at the hearing. In a statement Tuesday, the Department of Homeland Security said it would 'continue to fight for the arrest, detention, and removal' of immigrants without legal status but did not respond to a question about whether government attorneys would appeal Morales Reyes' bond. Morales Reyes, a married father of three U.S. citizen children, works as a dishwasher in Milwaukee. He was arrested by immigration agents last month after dropping a child off at school. He immigrated from Mexico in the 1980s and doesn't have legal permission to be in the U.S. This year, he applied for a U visa, which is for people in the country illegally who are victims of serious crimes. Getting such a visa can take years. Homeland Security issued a statement to reporters last week saying that although Morales Reyes was no longer considered a threat to Trump, federal attorneys would still pursue an immigration case. The government alleges that Morales Reyes reentered the U.S. times numerous times without a visa. However, Noem's social media post blaming Morales Reyes for an assassination attempt, which was circulated by Trump supporters, remains online. Cain Oulahan, an attorney for Morales Reyes, said his client is a crime victim and blasted the misinformation. 'We'd like to hear an official public correction and that someone else is responsible,' he said. Ahead of Tuesday's hearing, Morales Reyes daughter spoke to reporters, saying her father is hardworking and always focused on putting food on the table and keeping a roof over the family's heads. She said he also loved to take his children to parks or for walks and planned frequent cookouts. 'My dad is a not a threat to anyone. He is a good man who got caught up in a terrible situation,' said Anna Morales. 'Now that the truth has been proven, I ask from the bottom of my heart he gets the justice he deserves. We need him more than words can explain.' Scott, who is in the Milwaukee County Jail, is due in court Tuesday on the newer charges related to the letter, including felony witness intimidation and identity theft. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .


CNET
42 minutes ago
- CNET
I'm Tracking 11 Key Products for Tariff Price Changes: Here's What I've Seen
A trade court has ruled Trump's tariff barrage illegal, but the possibility of prices climbing remains. James Martin/CNET For CNET's tariff price tracker, I've been keeping an eye on several products that have a high chance of being affected by President Donald Trump's tariff agenda. Most prices I've been looking at have remained stable so far, aside from notable increases for the Xbox Series X and a budget-friendly 4K TV, and the occasional discounts during big sale periods, which is currently the case for some popular earbuds and an affordable soundbar. With all that said, the broader impact of these import taxes is still on the horizon, unless a trade court ruling against them gets to stay in place. The Trump administration has, unsurprisingly, decried this ruling -- which stated that Trump has no authority to set tariffs as he has been -- and moved swiftly to request that the Supreme Court strike it down. We'll see how that ultimately plays out but, for now, the possibility that the president's tariff policies will lead to price hikes remains likely. That's why I'm continuing to monitor several key products you might want or need to buy soon, to keep track of the potential tariff impacts. CNET Tariff Tracker Index Above, you can check out a chart with the average price of the 11 products included in this piece over the course of 2025. This will help give you a sense of the overall price changes and fluctuations going on. Further down, you'll be able to check out charts for each individual product being tracked. We'll be updating this article regularly as prices change. It's all in the name of helping you make sense of things so be sure to check back every so often. For more, check out CNET's guide to whether you should wait to make big purchases or buy them now and get expert tips about how to prepare for a recession. Now Playing: Should You Buy Now or Wait? Our Experts Weigh In on Tariffs 09:42 Methodology We're checking prices daily and will update the article and the relevant charts right away to reflect any changes. The following charts show a single bullet point for each month, with the most recent one labeled "Now" and showing the current price. For the past months, we've gone with what was the most common price for each item in the given month. In most cases, the price stats used in these graphs were pulled from Amazon using the historical price-tracker tool Keepa. For the iPhones, the prices come from Apple's official materials and are based on the 128-gigabyte base model of the latest offering for each year: the iPhone 14, iPhone 15 and iPhone 16. For the Xbox Series X, the prices were sourced from Best Buy using the tool PriceTracker. If any of these products happen to be on sale at a given time, we'll be sure to let you know and explain how those price drops differ from longer-term pricing trends that tariffs can cause. The 11 products we're tracking Mostly what we're tracking in this article are electronic devices and digital items that CNET covers in depth, like iPhones and affordable 4K TVs -- along with a typical bag of coffee, a more humble product that isn't produced in the US to any significant degree. The products featured were chosen for a few reasons: Some of them are popular and/or affordable representatives for major consumer tech categories, like smartphones, TVs and game consoles. Others are meant to represent things that consumers might buy more frequently, like printer ink or coffee beans. Some products were chosen over others because they are likely more susceptible to tariffs. Some of these products have been reviewed by CNET or have been featured in some of our best lists. Below, we'll get into more about each individual product, and stick around till the end for a rundown of some other products worth noting. iPhone 16 The iPhone is the most popular smartphone brand in the US, so this was a clear priority for price tracking. The iPhone has also emerged as a major focal point for conversations about tariffs, given its popularity and its susceptibility to import taxes because of its overseas production, largely in China. Trump has reportedly been fixated on the idea that the iPhone can and should be manufactured in the US, an idea that experts have dismissed as a fantasy. Estimates have also suggested that a US-made iPhone would cost as much as $3,500. Something to note about this graph: The price listed is the one you'll see if you buy your phone through a major carrier. If you, say, buy direct from Apple or Best Buy without a carrier involved, you'll be charged an extra $30, so in some places, you might see the list price of the standard iPhone 16 listed as $830. Apple's been taking a few steps to protect its prices in the face of these tariffs, flying in bulk shipments of product before they took effect and planning to move production for the US market from China to India. This latter move drew the anger of Trump again, threatening the company with a 25% tariff if they didn't move production to the US, an idea CEO Tim Cook has repeatedly shot down in the past. This came after Trump gave a tariff exemption to electronic devices including smartphones, so the future of that move seems in doubt now. Apple's flagship device is still the top-selling smartphone globally, as of Q1 of this year, although new research from the firm Counterpoint suggests that tariff uncertainty will cause the brand's growth to stall a bit throughout the rest of 2025. Duracell AA batteries A lot of the tech products in your home might boast a rechargeable energy source but individual batteries are still an everyday essential and I can tell you from experience that as soon as you forget about them, you'll be needing to restock. The Duracell AAs we're tracking are some of the bestselling batteries on Amazon. Samsung DU7200 TV Alongside smartphones, televisions are some of the most popular tech products out there, even if they're an infrequent purchase. This particular product is a popular entry-level 4K TV and was CNET's pick for best overall budget TV for 2025. Unlike a lot of tech products that have key supply lines in China, Samsung is a South Korean company so it might have some measure of tariff resistance. This model is currently about $29 more expensive than usual on Amazon, but we'll have to wait and see if this is a temporary change or a more permanent shift in pricing. Xbox Series X Video game software and hardware are a market segment expected to be hit hard by the Trump tariffs. Microsoft's Xbox is the first console brand to see price hikes -- the company cited "market conditions" along with the rising cost of development. Most notably, this included an increase in the price of the flagship Xbox Series X, up from $500 to $600. Numerous Xbox accessories also were affected and the company also said that "certain" games will eventually see a price hike from $70 to $80. Initially, we were tracking the price of the much more popular Nintendo Switch as a representative of the gaming market. Nintendo has not yet hiked the price of its handheld-console hybrid and stressed that the $450 price tag of the upcoming Switch 2 has not yet been inflated because of tariffs. Sony, meanwhile, has so far only increased prices on its PlayStation hardware in markets outside the US. AirPods Pro 2 The latest iteration of Apple's wildly popular true-wireless earbuds are here to represent the headphone market. Much to the chagrin of the audiophiles out there, a quick look at sales charts on Amazon shows you just how much the brand dominates all headphone sales. Earlier in the year, they tended to hover around $199 on the site, a notable discount from its $249 list price, but the price is currently the much more enticing $169, so move fast if you want an affordable pair. (Or maybe just wait for the rumored AirPods Pro 3.) HP 962 CMY printer ink This HP printer ink includes cyan, magenta and yellow all in one product and recently saw its price jump from around $72 -- where it stayed for most of 2025 -- to $80, which is around its highest price over the last five years. We will be keeping tabs to see if this is a long-term change or a brief uptick. This product replaced Overture PLA Filament for 3D printers in this piece, but we're still tracking that item. Anker 10,000-mAh, 30-watt power bank Anker's accessories are perennially popular in the tech space and the company has already announced that some of its products will get more expensive as a direct result of tariffs. This specific product has also been featured in some of CNET's lists of the best portable chargers. While the price has remained steady throughout the year, it is currently on sale for $13, or 50% off, for a limited time. Bose TV speaker Soundbars have become important purchases, given the often iffy quality of the speakers built into TVs. While not the biggest or the best offering in the space, the Bose TV Speaker is one of the more affordable soundbar options out there, especially hailing from a brand as popular as Bose. This product has been one of the steadiest on this list in terms of price throughout the year, but it's currently on sale for $199, potentially as part of Amazon's Memorial Day sale. So, if you're looking for an affordable, tariff-free TV speaker, now might be the time. Oral-B Pro 1000 electric toothbrush They might be a lot more expensive than their traditional counterparts but electric toothbrushes remain a popular choice for consumers because of how well they get the job done. I know my dentist won't let up on how much I need one. This particular Oral-B offering was CNET's overall choice for the best electric toothbrush for 2025. Lenovo IdeaPad Flex 5i Chromebook Lenovo is notable among the big laptop manufacturers for being a Chinese company making its products especially susceptible to Trump's tariffs. Starbucks Ground Coffee (28-ounce bag) Coffee is included in this tracker because of its ubiquity -- I'm certainly drinking too much of it these days -- and because it's uniquely susceptible to Trump's tariff agenda. Famously, coffee beans can only be grown within a certain distance from Earth's equator, a tropical span largely outside the US and known as the "Coffee Belt." Hawaii is the only part of the US that can produce coffee beans, with data from USAFacts showing that 11.5 million pounds were harvested there in the 2022-23 season -- little more than a drop in the mug, as the US consumed 282 times that amount of coffee during that period. Making matters worse, Hawaiian coffee production has declined in the past few years. All that to say: Americans get almost all of their coffee from overseas, making it one of the most likely products to see price hikes from tariffs. Other products As mentioned before, we occasionally swap out products with different ones that undergo notable price shifts. Here are some things no longer featured above, but that we're still keeping an eye on: Nintendo Switch: The baseline handheld-console hybrid has held steady around $299 most places -- including Amazon impending release of the Switch 2 remains to be seen. This product was replaced above with the Xbox Series X. impending release of the Switch 2 remains to be seen. This product was replaced above with the Xbox Series X. Overture PLA 3D printer filament: This is a popular choice on Amazon Here are some products we also wanted to single out that haven't been featured with a graph yet: Razer Blade 18 (2025), 5070 Ti edition: The latest revision of Razer's largest gaming laptop saw a $300 price bump recently, with the base model featured an RTX 5070 Ti graphics card now priced at $3,500 ahead of launch, compared to the $3,200 price announced in February. While Razer has stayed mum about the reasoning, it did previously suspend direct sales to the US as Trump's tariff plans were ramping up in April. Asus ROG Ally X: The premium version of Asus's Steam Deck competitor handheld gaming PC recently saw a price hike from $799 to $899, coinciding with the announcement of the company's upcoming Xbox-branded Ally handhelds.