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Supreme Court Sides with Maryland Parents In LGBT Storybooks in Elementary Classroom Case

The Supreme Court has sided with Maryland parents who wanted to have their children removed from the classroom during lessons using LGBT storybooks.

In the 6-3 ruling Friday, Justice Samuel Alito noted that the Montgomery County, Maryland, board of education in 2022 “introduced a variety of ‘LGBTQ+-inclusive’ storybooks into the elementary school curriculum. These books — and associated educational instructions provided to teachers — are designed to ‘disrupt’ children’s thinking about sexuality and gender.”

At first, the school district allowed parents to opt their children out of the teaching, but a year later decided it “could not accommodate the growing number of opt out requests without causing significant disruptions to the classroom environment.”

Some of the books included “Prince & Knight” and “Uncle Bobby’s Wedding.”

“In ‘Uncle Bobby’s Wedding,’ a niece worries that her uncle won’t have as much time for her after he gets married to another man,” the Associated Press reported.

The book explains, “When grown-up people love each other that much, sometimes they get married.”

A group of parents from different religious backgrounds — including Christian and Muslim — sued the district, arguing the policy violated their First Amendment right to the free exercise of religion.

The federal district court and the court of appeals ruled in the school district’s favor, according to the AP.

The Supreme Court reversed those rulings, finding the curriculum goes beyond merely exposing the children to LGBTQ ideas and promoting “mutual respect,” as the school argued.

Should parents be allowed to opt their children out of LGBT instruction?

“Like many books targeted at young children, the books are unmistakably normative. They are clearly designed to present certain values and beliefs as things to be celebrated and certain contrary values and beliefs as things to be rejected,” Alito wrote.

“The Board’s introduction of the “LGBTQ+-inclusive” storybooks, along with its decision to withhold opt outs, places an unconstitutional burden on the parents’ rights to the free exercise of their religion,” he found.

“The parents have therefore shown that they are likely to succeed in their free exercise claims. They have likewise shown entitlement to a preliminary injunction pending the completion of this lawsuit,” Alito concluded.

The ruling means the school district will not be able to force children to attend the LGBTQ story hour while the case proceeds.

Liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented.

Related:

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“Today’s ruling ushers in that new reality. Casting aside a 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,” Sotomayor 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,” she added.

In one of the more memorable moments during oral argument in the case before the Supreme Court in April, Justice Neil Gorsuch asked attorney Alan Schoenfeld, who was representing the district, about the book “Pride Puppy” that was being used in the pre-kindergarten curriculum.

“That’s the one where they’re supposed to look for the leather and things and bondage — things like that?” Gorsuch wondered.

“It’s not bondage. It’s a woman in a leather …” Schoenfeld began to respond.

“Sex worker?” Gorsuch followed up.

“No. That’s not correct. No,” Schoenfeld said.

“Gosh, I read it … drag queen?” Gorsuch queried.

Schoenfeld conceded that it was an optional exercise in the book for children to look for the drag queen in the story.

President Donald Trump was asked about the Supreme Court’s decision in the case.

“I think the ruling was a great ruling, and 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.

Trump added that he was surprised the case had to go all the way to the Supreme Court to get a ruling in favor of parents.

Randy DeSoto has written more than 3,000 articles for The Western Journal since he began with the company in 2015. He is a graduate of West Point and Regent University School of Law. He is the author of the book “We Hold These Truths” and screenwriter of the political documentary “I Want Your Money.”

Birthplace

Harrisburg, Pennsylvania

Nationality

American

Honors/Awards

Graduated dean’s list from West Point

Education

United States Military Academy at West Point, Regent University School of Law

Books Written

We Hold These Truths

Professional Memberships

Virginia and Pennsylvania state bars

Location

Phoenix, Arizona

Languages Spoken

English

Topics of Expertise

Politics, Entertainment, Faith

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