The Supreme Court ruled in favor of Montgomery County, Maryland, parents who objected on religious grounds to the use of books with LGBTQ characters in elementary school.
Parents who sued argued they wanted to be able to pull their children out of lessons using the books.
Justices ruled 6-3, with the three liberal justices dissenting. Justice Samuel Alito wrote the majority opinion.
“Without an injunction, the parents will continue to suffer an unconstitutional burden on their religious exercise, and such a burden unquestionably constitutes irreparable injury,” the opinion says.
Justice Sonia Sotomayor wrote the dissent.
“Casting aside longstanding precedent, the Court invents a constitutional right to avoid exposure to ‘subtle’ themes ‘contrary to the religious principles’ that parents wish to instill in their children,” she wrote. “Exposing students to the ‘message’ that LGBTQ people exist, and that their loved ones may celebrate their marriages and life events, the majority says, is enough to trigger the most demanding form of judicial scrutiny.”
The decision was not a final ruling in the case, but the justices strongly suggested the parents will win in the end. The court ruled that policies like the one at issue in the case are subjected to the strictest level of review, nearly always dooming them.
At the White House, President Donald Trump called the ruling a victory for parents’ rights advocates.
“I think it’s a great ruling for parents. They lost control of the schools. They lost control of their child. And this is a tremendous victory for parents,” he said.
Montgomery County Public Schools said in a statement: “Today’s decision is not the outcome we hoped for or worked toward. It marks a significant challenge for public education nationwide. In Montgomery County Public Schools, we will determine next steps and navigate this moment with integrity and purpose — guided, as always, by our shared values of learning, relationships, respect, excellence, and equity.”
The Montgomery County Education Association issued an initial statement expressing disappointment in the ruling.
“While we are extremely disappointed in the Supreme Court’s decision, unfortunately, we are not surprised. MCEA believes that our public schools should remain inclusive places where differences are celebrated. This decision sets us back and is reminiscent of a time when discrimination and intolerance were the norm,” the organization said.
The first openly LGBTQ member of the Montgomery County Council, Councilmember Evan Glass, called the ruling a “painful setback.”
“This ruling sends a chilling message, one that threatens to roll back the progress we’ve fought so hard to make. But let me be clear: this fight is far from over. We will continue to advocate, educate, and celebrate the beautiful diversity of our community. They may try to silence our stories. They may try to hide our history. But they will not erase us,” a statement from Glass said in part.
The school district at one point allowed parents to remove their children from the lessons but then reversed course, saying the opt-out policy was disruptive. Sex education is the only area of instruction with an opt-out provision in the county’s schools.
The school district introduced the storybooks in 2022, with such titles as “Prince and Knight” and “Uncle Bobby’s Wedding.”
The lead plaintiffs were Tamer Mahmoud and Enas Barakat, a Muslim couple who have a son in elementary school. Other plaintiffs were members of the Catholic and Ukrainian Orthodox churches. The parents, represented by the religious liberties group Becket, said that under Supreme Court precedent, they have a right to opt out of any instruction that would interfere with their children’s religious development.
The case was one of several religious rights cases at the court this term. The justices have repeatedly endorsed claims of religious discrimination in recent years. The decision during Pride Month comes amid increases in recent years in books being banned from public schools and public libraries.
Montgomery County parents demonstrated for and against LGBTQ lessons in schools
Hundreds of parents demonstrated outside a Montgomery County School Board meeting in summer 2023 to say they should be able to opt their children out of any lessons on gender and LGBTQ issues, arguing the teachings go against their religious beliefs.
“Parental rights matter,” some signs at the demonstration said.
“We are religious; we have rights as Americans,” Adon Gedie, the mother of a kindergartener, said. “Our kids have the right to raise as a kid. They are not big enough to accept everything.”
Counter protesters said the lessons were not sexual in nature and instead taught the importance of being inclusive.
“The books geared to younger kids are just showing a diverse range of families,” said Christina Celenza, mother of an MCPS student. “We have a two-mom household, so my wife and I are really proud and out, and, of course, my kid in kindergarten or pre-K is going to probably talk about his family and his two moms.”
An MCPS literacy curriculum has turned into a flashpoint among parents as they debate access to materials with LGBTQIA+ themes in elementary schools. News4’s Walter Morris reports.
Here’s what Supreme Court justices said during arguments
During a lively oral argument in April, the justices appeared likely to rule for the parents who objected to the books.
Members of the 6-3 conservative majority, which often backs religious rights, seemed sympathetic during the two-and-a-half-hour oral argument.
Some justices indicated the board’s refusal to provide an opt-out might have been motivated by hostility toward religion.
Conservative Justice Neil Gorsuch was one of several justices who raised comments made by members of the school board who said that the parents were promoting “hate” and were parroting the same views as white supremacists.
“Does that suggest a hostility toward religion?” he asked, citing a 2018 ruling in which the court ruled for a Christian baker who refused to serve a gay couple on the grounds that a state civil rights commission had shown anti-religious animus.
Some parents say they should be able to opt children out of LGBTQ curriculum. News4’s Juliana Valencia spoke with protesters on both sides.
Other conservative justices expressed disbelief that the school board found it too difficult to provide an opt-out.
“Why isn’t that feasible?” said Justice Samuel Alito.
“I’m not understanding why it’s not feasible,” added Justice Brett Kavanaugh.
A federal judge and the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals both ruled in favor of the school board.
The Supreme Court case hit unusually close to home for some justices, as three justices live in the county, though they didn’t send their children to public schools.
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(Except for the headline, this story has not been edited by PostX News and is published from a syndicated feed.)
