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Supreme Court rules in favor of parents in LGBT curriculum dispute

The Supreme Court on Friday ruled in favor of a group of Maryland parents who had sued a school district over its refusal to allow families to opt their children out of LGBT-focused lessons. 

In a 6-3 decision in Mahmoud v. Taylor, the court ruled on June 27 that the parents — who included Catholics, Orthodox, and Muslims — were “entitled to a preliminary injunction” against the Montgomery County Board of Education, one that will allow them to excuse their children from the controversial lessons while the case is remanded to lower courts for further proceedings. 

The parents “are likely to succeed on their claim that the board’s policies unconstitutionally burden their religious exercise,” the court said. 

The reading materials, the Supreme Court said — which include promotions of same-sex “marriages” — are “designed to present certain values and beliefs as things to be celebrated, and certain contrary values and beliefs as things to be rejected.”

The materials go beyond mere “exposure,” the justices said, and “burdens the parents’ right to the free exercise of religion.”

Under the district’s policy, the school board only permitted opt-outs in narrow circumstances, mostly related to sexual education in health class. It did not permit opt-outs for coursework that endorsed the views that there are more than two “genders,” that a boy can become a girl, or that homosexual marriages are moral.

Some of the coursework initially introduced in the curriculum was designed to promote these concepts to children as young as 3 years old in preschool.

One book involved in the dispute, called “Pride Puppy,” taught preschool children the alphabet with a story about a homosexual pride parade, which introduced children to words like “drag queen,” “leather,” and “zipper.”

It also introduced young children to Marsha B. Johnson, a drag queen, gay rights activist, and prostitute.

Lawyers with the Becket Fund for Religious Liberty represented the parents in their lawsuit. On Friday, Eric Baxter, vice president and senior counsel at Becket, called the ruling “a historic victory for parental rights in Maryland and across America.”

“Kids shouldn’t be forced into conversations about drag queens, pride parades, or gender transitions without their parents’ permission,” he said. “Today, the court restored common sense and made clear that parents — not government — have the final say in how their children are raised.”

The lawsuit against the school district, located just north of Washington, D.C., was filed in May 2023. 

The Supreme Court took up the controversial case in January of this year after two lower courts ruled against a group of parents who sued the Montgomery County board over the school district’s having provided LGBT-themed lessons and reading materials to their children. 

Both the U.S. District Court for the District of Maryland and the 4th Circuit Court of Appeals had ruled against the parents, claiming they had no right to be notified or opt their kids out of the sexuality-themed literature. 

The school district initially allowed the parents to opt out but changed its policy less than a year later. It removed the LGBT puppy book and another book from the program curriculum last year, though the books were still available at school libraries.

During oral arguments in April, most of the justices on the high court appeared sympathetic toward the parents in their lawsuit. 

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In a dissent to the Friday ruling, Justice Sonia Sotomayor claimed the decision could usher in “chaos” for public schools around the country.

Sotomayor suggested that the LGBT materials in the dispute represented merely “a range of concepts and views” and “new ideas.”

“Requiring schools to provide advance notice and the chance to opt out of every lesson plan or story time that might implicate a parent’s religious beliefs will impose impossible administrative burdens on schools,” she alleged.

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