Parents may pull their children from classes that offend their religion, Supreme Court rules
Published in News & Features
WASHINGTON — The Supreme Court ruled Friday that parents have a right to opt their schoolchildren out of classes and lessons that offend their religious beliefs.
The 6-3 ruling will have an impact nationwide because it empowers parents who object to books or lessons at school.
"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," said Justice Samuel A. Alito, speaking for the conservative majority.
Parents in Montgomery County, Maryland, sued over new LGBTQ+ storybooks that were used in kindergarten and elementary school classes.
This clash between progressive educators and religiously conservative parents moved quickly to the Supreme Court after judges refused to intervene.
Alito said the parents were entitled to a preliminary injunction which would require the schools to "notify them in advance" when one of the disputed storybooks would be used in their child's class.
In ruling for the parents, the court did not say parents have right to change the lessons and books that were used at school. They could, however, choose to have their children temporarily removed from those classes.
The court's three liberals dissented.
Justice Sonia Sotomayor said "today's ruling ushers in ... new reality. 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. Given the great diversity of religious beliefs in this country, countless interactions that occur every day in public schools might expose children to messages that conflict with a parent's religious beliefs. The result will be chaos for this Nation's public schools."
Nearly every state, including Maryland and California, has a law that allows parents to opt out their children from sex education classes.
But Montgomery County officials said this state rule applied to older students and to sex education, but not to reading lessons for elementary children.
When the new LGBTQ+ storybooks were introduced in the fall of 2022, parents were told their young children could be removed from those lessons. But when "unsustainably high numbers" of children were absent, the school board revoked the opt-out rule.
In reaction, a group of Muslim, Catholic and Ukrainian Orthodox parents filed a suit in federal court, seeking an order that would allow their children to be removed from class during the reading lessons.
A federal judge and the 4th Circuit Court of Appeals refused to intervene.
Those judges said the "free exercise" of religion under the First Amendment protects people from being forced to change their conduct or their beliefs but it does not shield people from views they oppose.
Lawyers for the Becket Fund for Religious Liberty appealed to the Supreme Court.
They said the school board had "mandated new 'inclusive' storybooks that celebrate gender transitions, explore Pride parades, and introduce same-sex romance between young children."
At first, parents had been promised they would be notified and could opt their children out when the storybooks were read, they said. But that promise was revoked.
"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 home school," they said.
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