Supreme Court Signals Support For Parents In Lgbtq+ Storybook Challenge

A majority of justices sounded inclined to require public schools to provide parents with an opportunity to opt their children out of certain storybook readings as the Supreme Court grappled Tuesday with a case about religious freedom.

A group of Muslim, Christian and Jewish parents sued the Montgomery County Board of Education, which oversees Maryland’s largest school district, after the board refused to allow parents to pull their elementary school children from lessons with LGBTQ+ themes.

The parents argue that not giving them advanced notice or an opportunity to opt out of certain lessons burdens their First Amendment rights that protect their religious exercise. Initially the board had allowed them to opt out of lessons, but the board’s policy reversal sparked a legal challenge.

On Tuesday, the parents’ attorney, Eric Baxter, and Principal Deputy Solicitor General Sarah Harris — representing the Trump administration — argued that the parents are being pressured to abandon or modify their religious beliefs to access public education. Baxter likened the lessons to “indoctrination” and urged the justices to side with the parents in forcing the school board to reinstate its opt-out notices and give parents advance notice.

“Parents, not school boards, should have the final say on such religious matters,” Baxter said, but later clarified the case is not objecting to the books being available at school.

Arguments in the case against the Maryland school board focused on whether requiring students to participate in lessons including LGBTQ+ themes could constitute coercion. Justices also questioned whether certain ages or subjects should be considered in school opt-out notices.

Conservative justices, including Clarence Thomas and Samuel Alito, focused on the parents’ argument of coercion and appeared to align with the parents.

Justices Sonia Sotomayor and Alito honed in on the book “Uncle Bobby's Wedding,” which shows a same-sex couple getting married. Baxter told the court that the book does more than expose students to same-sex couples.

“It has a clear moral message,” Alito said, adding that he has read the book. “And it may be a good message. It's just a message that a lot of religious people disagree with. … I don't think anybody can read that and say, ‘Well, this is just telling children that there are occasions when men marry other men.’”

Justices Sotomayor, Elena Kagan and Ketanji Brown Jackson pushed Baxter to define when an opt-out notice should be required and appeared skeptical that the books constitute coercion.

“Haven't we made very clear that the mere exposure to things that you object to is not coercion?” Sotomayor asked Baxter. She noted that none of the characters in “Uncle Bobby's Wedding” were kissing. “That mere exposure to that is coercion?”

Alan Schoenfeld, who argued on behalf of Montgomery County Public Schools, said the board withdrew the opt-out notice policy because it became unmanageable. He argued that parents’ free exercise of religion is not burdened by their children's exposure to lessons that their parents oppose on religious grounds since there is no evidence they are being coerced to change their beliefs.

“This Court has made clear that exposure to offensive ideas does not burden free exercise,” Schoenfeld said. “MCPS makes explicitly clear students do not need to accept, agree with or affirm anything they read or anything about their classmates’ beliefs or lives.”

Justices Brett Kavanaugh and Alito pressed Schoenfeld on why the opt-out notices are not feasible and pointed to the notices for health classes.

“The plaintiffs here are not asking the school to change its curriculum,” Alito said. “They’re just saying, ‘Look, we want out.' Why isn't that feasible? What is the big deal about allowing them to opt out of this?”

Schoenfeld said “there's a limited universe” of curriculum students can opt out of, adding that MCPS’ “family life and healthy sexuality curriculum stands alone.” He also said that principals reported high absenteeism to the school board due to opt-outs and many requests were not due to religious objection. Additionally, Schoenfeld said there is a review process for adopting curriculum and school materials.