The U.S. Supreme Court supports Maryland parents who want to choose children who read books on the LGBTQ theme.
The Justice voted 6-3 for parents, and they said Montgomery County Public Schools’ curriculum adopted in 2022 for primary school children to violate their religious rights.
The majority of the court said parents who filed the case had the right to have a preliminary injunction when it was underway.
Judge Samuel Alito wrote that the books “had an unconstitutional burden on parents’ rights with their decision to opt out.”
The ruling allows preliminary relief, which holds that parents show that their case is likely to be successful in their merits, so that they may suffer irreparable harm in absence, and that the injunction will be in the public interest.
The three liberals did not object.
Judge Sonia Sotomayor wrote in his objection that the outcome of the case would be “disturbance in public schools in this country.”
She added: “Given the vast diversity of religious beliefs in this country, the myriad interactions that occur daily in public schools may expose children to information that conflict with their parents’ beliefs.”
The parents involved represent several different beliefs, but all are opposed to their children being introduced to the LGBTQ topic.
The First Amendment to the U.S. Constitution protects the right to freely exercise religious beliefs, which parents believe includes the right to withdraw their children from lessons they find offensive.
They also pointed to school regulations that allow parents to choose older children from sex education.
The books include Uncle Bobby’s wedding, which tells the story of a girl being told about her uncle’s gay wedding and was born: a true story of a boy named Penelope, about a trans boy.
Parents believe that they do not object to books available on shelves or in libraries.
Montgomery County Public Schools, the largest school system in Maryland, added books to provide greater diversity in children’s stories to read. In 2023, it removed the exit option because it caused a break in class and could put LGBTQ students in social stigma and quarantine.
“The ruling not only tells LGBTQ+ students that they do not belong, but that their experiences and existence are not worthy of respect,” said Kelley Robinson, president of the Human Rights Campaign, in a statement Friday.
Eric Baxter, an attorney representing the parent group, said the court’s ruling was a “win-win situation for parents everywhere.”
At the case hearing earlier this year, the justices divided along ideological lines. The conservative majority in the court expressed sympathy for the group’s argument.
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