Pride goeth before the fall: Court rules parents can opt their kids out of schools’ LGBTQ+ lessons

As Pride Month celebrations of all things gay, bisexual, transgender, and queer, come to a close, the US Supreme Court ruled that Maryland parents may indeed proceed with a lawsuit seeking to opt their children out of public school lessons that include LGBTQ-themed content.

In a 6-3 decision, the Court sent the case back to the lower courts, effectively allowing the parents’ claims under the First Amendment’s protection of religious freedoms to move forward.

Justice Samuel Alito wrote for the majority that the parents in the case “have shown that they are entitled to a preliminary injunction” and “are likely to succeed in their challenge to the Board’s policies.”

Alito wrote, “A government burdens the religious exercise of parents when it requires them to submit their children to instruction that poses ‘a very real threat of undermining’ the religious beliefs and practices that the parents wish to instill. And a government cannot condition the benefit of free public education on parents’ acceptance of such instruction.”

The ruling is not the final decision in the matter, as the case will head back to the lower courts for further review. 

As far as Alaska is concerned, when Gov. Mike Dunleavy was a senator, he and Rep. Wes Keller got a similar but more expansive law put on the books. What the Supreme Court said today was appropriate has been on the books in Alaska for roughly 10 years. See that statute at this Justia.com link.

The parents who brought the case to the Supreme Court are of Christian and Muslim religious backgrounds. They argued that mandatory participation in lessons and storybooks featuring same-sex couples and gender identity discussions violated their constitutional rights to direct the religious upbringing of their children.

The case centers on a policy adopted by Montgomery County Public Schools in 2022, which introduced a set of books designed to promote inclusivity and diversity beginning in pre-kindergarten.

Then, the district removed an opt-out provision that had initially been offered to parents, prompting legal challenges from families who said the curriculum conflicted with their religious beliefs.

The parents’ case had been dismissed by a lower court, which said that they had not shown their children were being forced to affirm beliefs they disagreed with.

However, the Supreme Court disagrees with that reasoning, finding that the parents had presented a plausible claim that deserved further review under the Free Exercise Clause of the First Amendment.

The Court did not decide the underlying question of whether the school district’s actions were unconstitutional but emphasized the importance of giving parents their day in court. The ruling reflects a growing judicial emphasis on protecting religious liberty in education-related cases.

The Montgomery County school district has argued that the books are part of a broader effort to create a welcoming environment for all students and that the curriculum is age-appropriate and aligned with state educational standards.

Friday’s ruling is expected to influence how school districts nationwide handle opt-out requests and religious objections to classroom materials involving topics of gender and sexuality. It also highlights the ongoing legal tension between anti-discrimination efforts in public education and the rights of families with traditional or faith-based beliefs.