
Supreme Court sides with religious parents who want to avoid LGBTQ+ books in public schools
WASHINGTON − The Supreme Court on June 27 sided with a group of parents who want to withdraw their elementary school children from class when storybooks with LGBTQ+ characters are being read.
In a 6-3 decision that divided along ideological lines, the court said a Maryland public school district's refusal to allow opt-outs likely burdens parents' First Amendment right to freely exercise their religion.
They said the school must allow opt-outs while the legal challenge continues.
Their decision continues a recent trend of high court rulings backing claims of religious discrimination, sometimes at the expense of other values like gay rights.
In the past, the federal courts have shied away from getting entangled in school curriculum issues.
WASHINGTON – In a surprise decision, the Supreme Court on XXday sided against a group of parents who want to be able to withdraw their elementary school children from class when storybooks with LGBTQ+ characters are being read.
The court said a Maryland public school district's refusal to allow opt-outs does not burden parents' First Amendment right to freely exercise their religion.
Their decision goes against a recent trend of the high court rulings backing claims of religious discrimination, sometimes at the expense of other values like gay rights.
But in the past, the federal courts have shied away from getting entangled in school curriculum issues.
The Maryland parents – who include Muslims, Roman Catholics and Ukrainian Orthodox followers – said they're not trying to prevent other students from reading the books.
But free speech advocates argued that will be the practical effect.
And national organizations representing school administrators worried schools could face a 'bewildering variety' of religious rights claims.
In classrooms across the country, children are routinely taught ideas that conflict with their family's religious beliefs, lawyers for the Montgomery County Public Schools told the court during April's oral arguments.
What are the controversial books?
School officials said they introduced a handful of books with LGBTQ+ characters into the reading curriculum at the start of the 2022-2023 school year as part of an effort to better reflect the community.
The school system, in suburban Washington, is one of the nation's largest and most ethnically and religiously diverse.
The controversial books include one in which the handsome prince falls in love not with a princess, but with the knight who helps him defeat a dragon. In another, 'Uncle Bobby's Wedding,' Chloe's favorite uncle gets married to another man.
The book 'Intersection Allies' features nine kids from different backgrounds, including Alejandra, who uses a wheelchair while playing basketball; Adilah, who wears a hijab in ballet class; and Kate, who prefers a superhero cape to 'skirts and frills.'
More: What LGBTQ+ books are at the center of a new Supreme Court case?
After various teachers, administrators and parents raised concerns about the effectiveness and age-appropriateness of the books, the school system allowed students to be excused when they were read in class.
But officials said they had to stop that because the growing number of opt-out requests created other problems, such as high absenteeism and the difficulty of arranging alternate instruction. They also said students who believe the storybooks represent them and their families could face social stigma and isolation if classmates leave the room when the books are read.
Some parents said the books conflict with their faith
The parents who then sued said they shouldn't have to send their kids to private school or to homeschool to avoid instruction that goes against the tenets of their religions.
'Intentionally exposing our young, impressionable, elementary-aged son to activities and curriculum on sex, sexuality, and gender that undermine Islamic teaching on these subjects would be immoral and would conflict with our religious duty to raise our children in accordance with our faith,' parents Tamer Mahmoud and Enas Barakat said in a court filing about why they didn't want their son to be part of his second grade class's reading of 'Prince & Knight.'
But a divided panel of appeals court judges said the parents hadn't shown that they or their children had been coerced to believe or act contrary to their religious views.
The parents asked the Supreme Court to intervene.
The Trump administration backed the parents, saying the schools had put 'a price on a public benefit of public education at the expense of foregoing your religious beliefs.'
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Politico
24 minutes ago
- Politico
Unpacking Trump's big SCOTUS win
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Fast Company
25 minutes ago
- Fast Company
Supreme Court backs Trump on birthright citizenship injunctions. Here's what that means:
The Supreme Court ended its term on Friday with a major decision in the closely watched birthright citizenship case, that is likely to have a profound impact on whether the lower courts can pause or halt President Donald Trump's executive orders—which many legal experts say constitute an overreach of presidential power. What happened? Ruling along ideological lines 6–3, the court's conservative majority decided to curb injunctions from the lower courts that temporarily paused President Donald Trump's plan to end automatic birthright citizenship via Executive Order 14160, which aims to deny citizenship to children born in the U.S. to parents who are in the country illegally, on temporary visas, or not 'lawful permanent residents' at the time of the child's birth. However, that right is guaranteed by the 14th Amendment to the Constitution to 'all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.' To be clear, the Supreme Court justices did not rule on the merits, or constitutionality, of ending birthright citizenship. The Trump administration didn't ask the court to rule on the issue itself, and instead asked the high court to rule on whether federal judges have the power to issue injunctions that would block Trump's order nationwide, while litigation continues. The Supreme Court ruled in Trump's favor to narrow the scope of nationwide injunctions imposed by federal judges, effectively sending back the rulings to lower courts. For the 28 states that have not challenged the birthright executive order in court, automatic citizenship could end for children born in the U.S. whose parents are undocumented immigrants, and some temporary residents and visitors, according to the New York Times. The court also stopped his executive order from taking effect for 30 days. Friday's ruling is a significant victory for Trump, and a major blow to his opponents who have been trying to limit his executive orders. Trump calls ruling 'monumental victory' On Friday, speaking at the White House, Trump called the decision a 'monumental victory for the Constitution, the separation of powers, and the rule of law.' That's the opposite of what Justice Sonia Sotomayor wrote in her dissent, joined by Justices Elena Kagan and Ketanji Brown Jackson, which argued ' the Court's decision is nothing less than an open invitation for the Government to bypass the Constitution. The rule of law is not a given in this Nation, nor any other. It is a precept of our democracy that will endure only if those brave enough in every branch fight for its survival. Today, the Court abdicates its vital role in that effort. With the stroke of a pen, the President has made a 'solemn mockery' of our Constitution.' And added, 'The gamesmanship in this request is apparent and the Government makes no attempt to hide it. Yet, shamefully, this Court plays along.' In a separate dissent, Jackson called the majority decision an ' existential threat to the rule of law.' In response, Justice Amy Coney Barrett, who wrote the majority decision pushed back, and said 'No one disputes that the Executive has a duty to follow the law. But the Judiciary does not have unbridled authority to enforce this obligation—in fact, sometimes the law prohibits the Judiciary from doing so.' Trump first pledged to end birthright as early as 2015, and again in 2018, before issuing an executive order on the issue in January. Trump has instituted a crackdown on immigration since taking office that has lead to some immigrants, green card holders, foreigners, and even American citizens being detained by the Department of Homeland Security's Immigration and Customs Enforcement (ICE) agents.


CNN
29 minutes ago
- CNN
Challenge to panel that recommends no-cost preventive health care is rejected by Supreme Court
The Supreme Court on Friday upheld a task force that recommends preventive health care services that insurers must cover at no-cost, turning away the latest legal challenge to Obamacare to reach the high court. The opinion indicated that the panel's recommendations – including pre-exposure prophylaxis, or PrEP, a medication which vastly reduces a person's risk of getting HIV from sex or injection drug use – would remain in effect, some experts said. However, the case is being remanded to a lower court, where the recommendations could be challenged again. Though the appeal never threatened to take down the Affordable Care Act, it could have had a sweeping impact on millions of Americans and their access to preventive services. Keeping the cost of preventive care free makes it more likely that people will get screenings and other services that are aimed at detecting disease at an earlier stage. 'This is a big win for preventive services,' Andrew Twinamatsiko, a director of the Center for Health Policy and the Law at Georgetown University's O'Neill Institute. 'Over 150 million people have been able to access preventive services because of this provision. So this decision ensures that they can keep accessing those services without cost sharing, which is good for health and for minimizing death and disease.' The Supreme Court ruled that members of the panel are 'inferior' officers, meaning they do not need to be appointed by the president. The ruling confirms Health and Human Services Secretary Robert F. Kennedy Jr., and his predecessor in the Biden administration, had the ability to name the experts who sit on the panel. Justice Brett Kavanaugh wrote the opinion for a 6-3 majority that included both liberal and conservative justices. The 16-member US Preventive Services Task Force, made up of volunteers, has since 1984 provided recommendations to the government about preventive services – like cancer screenings and statin medications to help reduce the risk of heart disease – that can improve Americans' health. As part of the nationwide health care law enacted 15 years ago during President Barack Obama's administration, those recommendations are used to determine which services insurers must cover without charge. At issue in the case were newer recommendations the panel made after the Affordable Care Act was enacted in March 2010. Preventive services recommended before then were not at stake, nor were certain immunizations and preventive care for women and children, which are recommended by other government entities. The more recent recommendations include lung cancer screenings for certain adults, hepatitis screenings and colorectal cancer screenings for younger adults, according to a brief submitted in the case by Public Citizen and several public health groups. Physical therapy for certain older adults to help prevent falls and counseling to help pregnant women maintain healthy body weights are also among the other newer recommendations. A leading health insurance industry group said policies won't change, at least for the time being. 'With this ruling, there are no impacts to existing coverage, and we will closely monitor the ongoing legal process,' AHIP, formerly America's Health Insurance Plans, said in a statement. The Supreme Court's ruling comes at a time when Kennedy has started exerting his authority over panels that offer health care recommendations for the public. Earlier this month, he removed all 17 members of the US Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices, which guides the federal government's vaccine recommendations, and then added eight new ones. The move has sparked concerns that the new panel's recommendations could be more in line with the views of Kennedy, who has a history of vaccine skepticism. 'The big takeaway here is that the Task Force's recommendations are binding, just as the ACA's drafters intended,' Nicholas Bagley, a law professor at the University of Michigan, posted on X. 'BUT the scheme is constitutional only because Sec Kennedy can exercise near-complete control over Task Force recommendations. A mixed bag!' The task force structure was challenged by a Texas business, Braidwood Management, that objected on religious grounds to covering certain preventive services, including PrEP. Braidwood argued that, under the Constitution, task force members must be appointed by the president with Senate confirmation. At the very least, the company said, Congress needed to affirmatively vest the appointment power in the secretary of the Department of Health and Human Services. Before 2023, the task force members were appointed by the director of the Agency for Healthcare Research and Quality, or AHRQ, an agency that is part of HHS. The case, on appeal from the conservative 5th US Circuit Court of Appeals, created an unusual political dynamic. Though initially appealed by the Biden administration, President Donald Trump's administration has defended the task force since taking power this year – despite the president's years-long campaign to repeal the 2010 health care law. On the other side of the litigation, Braidwood was represented at the Supreme Court by Jonathan Mitchell, a veteran conservative lawyer who successfully argued against an effort in Colorado to remove Trump from that state's primary ballot during last year's election. The fight over Braidwood's religious objections to PrEP were spun off into separate proceedings. The dispute at the Supreme Court focused on the Constitution's appointments clause, which establishes the president and Senate's role in appointing and confirming officials that wield significant government power. The Trump administration argued that the task force members were 'inferior officers,' because they could be removed at-will by the HHS secretary and because the department appeared to have at least some oversight of the group's recommendations. But if that's true, Mitchell pointed out, then its members needed to be appointed by the secretary of the department, not the director of a subagency. The law is unclear on who actually appoints the board noting and notes only that the AHRQ should 'convene' the group. The Department of Justice said that, through a series of other congressional actions, the secretary effectively had the power to appoint the task force since the position oversees the AHRQ director. During the course of the litigation, then-HHS Secretary Xavier Becerra 'ratified' the earlier appointments during the Biden administration, but Braidwood argued that move wasn't enough to overcome the fact that the law doesn't specifically vest the power of appointment in his office. The 5th Circuit sided with Braidwood, ruling that members of the task force are 'principal officers' who must be appointed by the president and confirmed by the Senate. Kennedy v. Braidwood was the fourth major appeal to reach the Supreme Court involving Obamacare since the law was enacted during Obama's first term and became a target for conservatives. In 2021, the high court ruled that conservative states challenging a key provision of the law did not have standing to sue because they were not directly harmed. The conservative court also rejected challenges to other provisions of Obamacare in 2012 and 2015.