SCOTUS signals support for parents’ right to opt children out of LGBT instruction

The U.S. Supreme Court signaled support during oral arguments April 22 for religious parents from a Maryland school district who want to opt their children out of LGBT instruction in elementary school classrooms.

CatholicVote previously reported that several Catholic, Orthodox, and Muslim parents in the Montgomery County School District asked the court to uphold their parental rights. The district school board has denied them the ability to opt their children out of lessons that use LGBT-themed books, citing large numbers of opt-out cases.

The books in question include topics like pride parades, a gay “wedding,” a prince who falls in love with a knight, a transgender child, and similar content. The district added them to its elementary school curriculum in 2022. Several parents objected to their children being taught from the books on the grounds that their First Amendment rights to free exercise of religion were being violated.

AP News reported that the Supreme Court was receptive to the arguments, seeming likely to find that the school district is not able to dismiss religious objections to the LGBT books. Justice Brett Kavanaugh, a resident of Montgomery County, reportedly said he was surprised that the school board was “not respecting religious liberty.”

AP News also reported that Justice Sonia Sotomayor seemed not to have any objections to the LGBT books, while Justice Samuel Alito took issue with a book detailing a same-sex “wedding.”

“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, according to AP News.

The news outlet reported that writers’ group Pen America stated in court filing that the lawsuit is a ploy to ban books “by another name.” However, one of the parents’ attorneys, Colten Stanberry, has said that the parents “aren’t asking for an LGBTQ-free classroom.”

“They are not saying the books can’t be on the shelves. They are specifically challenging instruction,” he said, according to Chalkbeat.

The court is expected to reach a decision by June or July.

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