Supreme Court Petitioned by Maryland Parents to Reinstate Opt-Out Option for LGBT Storybooks

Parents from Maryland have approached the U.S. Supreme Court, requesting the reinstatement of their right to exclude their young children from listening to storybooks that advocate LGBT lifestyles.

Appeal for Injunction Denied by Court of Appeals

The parents' appeal, known as Mahmoud v. Taylor, was lodged following the U.S. Court of Appeals for the Fourth Circuit's refusal to grant an injunction to stop the Montgomery County Board of Education's policy of endorsing such books. The Becket Fund for Religious Liberty, a nonprofit public interest law firm representing the parents, filed the petition with the Supreme Court on September 12.

Origins of the Case

The case dates back to November 2022, when the board introduced new "LGBTQ-inclusive" storybooks for elementary school students. These books promote topics such as gender transitions, Pride parades, and same-sex romance among young children. The board instructed employees responsible for selecting the books to apply an "LGBTQ+ Lens" and to examine whether "cisnormativity," "stereotypes," and "power hierarchies" are "reinforced or disrupted," as per the petition. Initially, parents were informed that they could opt out on behalf of their children when the storybooks were read. However, in March 2023, the board altered its policy. From the 2023–2024 academic year onwards, the opt-out policy would no longer be applicable. The petition stated, "If parents did not like what was taught to their elementary school kids, their only choice was to send them to private school or to homeschool."

Parents' Protest and Board's Response

The petition also mentioned that hundreds of parents, predominantly Eastern Orthodox Christians and Muslims, attended board meetings and testified that their religion necessitated that young children not be exposed to instruction on gender and sexuality that contradicted their religious beliefs. The parents emphasized the impressionability of young children and their lack of independent judgment to comprehend such complex and sensitive issues. In response, board members accused parents of promoting "hate" and compared them to "white supremacists" and "xenophobes," according to the petition.

Legal Action by Parents

After the board refused to accommodate them, the parents filed a lawsuit, asserting their constitutional right to maintain the opt-out policy. However, U.S. District Judge Deborah Boardman denied the parents' request for an injunction to halt the cancellation of the opt-out policy on August 24, 2023. On May 15 of this year, a divided Fourth Circuit panel upheld the decision, stating that the parents had not proven that an injunction was warranted. The panel also found no evidence that the policy change burdened the parents' right to free exercise of religion.

Call for Supreme Court Intervention

Eric Baxter, vice president and senior counsel at the Becket Fund, urged the Supreme Court to accept the parents' appeal. He stated, "Parents shouldn’t have to take a back seat to anyone when it comes to introducing their children to complex and sensitive issues around gender and sexuality. Nearly every state requires parental consent before high schoolers can attend sex-ed. Parents should have the right to excuse their elementary school children when related instruction is introduced during story hour." The school board was contacted for a comment but did not respond by the time of publication. It remains uncertain when the Supreme Court will consider the petition.

Bottom Line

This case highlights the ongoing debate about the role of parents in shaping their children's education, especially on sensitive topics such as gender and sexuality. It raises important questions about the balance between inclusivity in education and respecting parents' rights to guide their children's learning in line with their beliefs. What are your thoughts on this matter? Feel free to share this article with your friends and discuss. Don't forget to sign up for the Daily Briefing, which is delivered every day at 6pm.