Supreme Court Supports Parents’ Right to Exclude Children from LGBTQ-themed Books in Elementary Education

On Friday, the Supreme Court of the United States reinforced religious rights in a significant ruling that favored parents objecting to LGBTQ-themed books in Maryland’s elementary school classrooms. In a decisive 6-3 vote, the court determined that the Montgomery County Board of Education’s decision to disallow opt-outs for students violated the religious rights of parents, as protected by the First Amendment of the Constitution.

Justice Samuel Alito, writing for the majority, stated that the introduction of LGBTQ+ inclusive storybooks, coupled with the board’s refusal to provide an opt-out option, imposed an unconstitutional burden on the free exercise of religion for parents. The court, which holds a conservative 6-3 majority, has shown a tendency to support religious claims, while the liberal justices expressed their dissent.

Justice Sonia Sotomayor warned that this ruling could lead to chaos in public schools, emphasizing the diverse array of religious beliefs in the United States and how exposure to conflicting messages could affect students. This case originated in 2022 after the school board, located in a diverse suburb near Washington, D.C., updated its English language arts curriculum to include more LGBTQ-themed storybooks.

Some of the titles approved included “Uncle Bobby’s Wedding” and “Born Ready,” which highlight themes of same-sex relationships and transgender identity. Although the board clarified that teachers were not mandated to use these books in their lessons, they eventually retracted an initial promise allowing parents to opt their children out of exposure to this content.

The plaintiffs included Tamer Mahmoud and Enas Barakat, a Muslim couple, along with members from the Catholic and Ukrainian Orthodox churches and a parent group known as Kids First. They argued that the curriculum contradicted their religious beliefs.

Despite initial legal victories for the school board, the Supreme Court’s ruling is a landmark affirmation of parental religious rights.