(WASHINGTON) — Do parents of public school children have a constitutional right to opt-out their kids from classroom lessons involving storybooks that feature LGBTQ themes or characters?
The Supreme Court will tackle that question Tuesday in a closely watched First Amendment case that comes as the Trump administration moves to empower parents and root out diversity and inclusion initiatives across the U.S. education system.
A group of parents, including Muslims, Orthodox Ukrainians, Christians and Jews from Montgomery County, Maryland, claim constitutional protections for religious exercise mean they must have an opportunity to exempt their children from any instruction on gender or sexuality that may be counter to teachings of faith.
“We’re under no illusion, they’ll learn about these things, but in the formative years, what ultimately we could not agree with [Montgomery County Public Schools], is where inclusion stopped and indoctrination started,” said Wael Elkoshairi, who is homeschooling his fourth-grade daughter because he says the books infringe on his Muslim faith.
The school board, made up of locally elected representatives, says the purpose of education is to expose children to a broad mix of people and ideas — and that the Constitution does not guarantee students the right to skip lessons inconsistent with their beliefs.
Lower courts sided with the board. The justices will now take a closer look at whether the county’s refusal to grant an opt-out to parents illegally burdens their religious rights.
“The case is a good illustration of the fact that public schools are at ground zero in the culture wars,” said Jim Walsh, a Texas lawyer who represents school boards and is a member of the National School Attorneys Association.
“We all want the school to reflect our values, but we don’t agree on our values. And certainly issues about same-sex marriage, the rights of lesbians and gays, are right at the center of that,” he said.
Starting in 2022, Montgomery County — one of the most diverse counties in the country — introduced a series of LGBTQ-themed storybooks for reading in elementary school classrooms under a statewide mandate to be more inclusive of the diversity of families and children attending the schools.
The local school board, which closely consulted with educators in approving the curriculum, maintains that the books do not take a side on issues of gender or sexuality and that teachers are instructed not to teach or enforce any particular view.
Among the illustrated titles is “Uncle Bobby’s Wedding” by Sarah Brannen, about a young girl who worries her close relationship with a beloved uncle will change after he marries his male fiance. “Prince & Knight” by Daniel Haack presents a fairy-tale narrative about a blossoming romance between the main characters after a dramatic rescue from a dragon.
“Nothing in my book is any different than most fairy tales that have some sort of romance at the center of it,” said Haack. “Nothing different than “Sleeping Beauty” or “Cinderella” or any of those.”
In the book “Intersection Allies,” a group of three sociologist authors set out to simplify complex ideas about identity, including what it means to be nonbinary.
“We wrote this to affirm kids who are left out of the stories that we often tell,” said LaToya Council, one of the authors. “This book is not saying that, you know, your child has to choose to be transgender. It’s saying respect someone who is trans and their ability to seek spaces that are comfortable for them.”
Chelsea Johnson, another of the book’s authors, insisted nothing in the text asks anyone to change their beliefs. “Schools and parents and communities are partners with each other and helping kids make sense of the world and we don’t have to opt our kids out to do that.”
Montgomery County guidelines advise educators to make the storybooks available for students to read on their own, to read aloud, or share in reading groups. Teachers are instructed not to advance a particular viewpoint about sexuality or gender with respect to the characters.
At first, during the 2022-2023 school year, the board allowed parents to opt-out their kids from any lessons involving the books, but it later changed course, denying any opt-outs.
“When I was in school, I was opted-out of sex ed because I wasn’t ready, and my parents didn’t feel it was appropriate for the teachers to talk about it, and it didn’t hurt anyone,” said Billy Moges, a mother of three and devout Christian, who pulled her kids from Montgomery County schools because of the books.
“The problem with some of these books, though, as well, is they were love stories, so it was not just exposure to LGBTQ characters. These were love stories,” said Elkoshairi.
School officials explained in court documents that administering an opt-out program became too cumbersome to manage, led to higher rates of student absenteeism, and was ultimately inconsistent with an educational mission of supporting all types of families.
“These books are representing the community that is surrounding these children,” said Emily McGowan, who mothers second- and sixth-graders with her wife Sharon in Montgomery County. “You cannot deny that we exist. We live here, our kids go to school here.”
The McGowans say opt-outs over LGBTQ stories harm the children whose family lives are represented in the books.
“The idea that 10 of their classmates get to get up and walk out because there’s two mommies in this book — What is the message that’s sent to our kid who has two mommies?” said Sharon McGowan. “That something is so offensive about this that they get to walk out and maybe they even get to go to the playground and have extra play time?”
Nearly every state gives parents the ability to opt-out their children from sex education classes but opt-outs for LGBTQ issues vary widely by community and are often decided by board members elected by local parents, Walsh said.
“We can all understand parents having strong feelings about when and how is my child going to be taught about sexual issues. So, there are more opt-outs about this than anything else. But if the Supreme Court rules in favor of the plaintiffs in this case, it’s not gonna stop with just sex and gender issues. It will cover a wide variety of things that parents may have objections to,” he said.
The case comes as the Trump administration has vowed to give more control over education to local leaders and communities. But even in places where school boards are choosing to prioritize diversity, equity and inclusion in their curriculum — like Montgomery County — some conservatives are still pushing to override policies.
“The school board has decided to disrupt the thinking of their children on an area that has long been understood as going to the core of parental authority for their children, on sex and gender,” said Will Haun, a senior attorney at Becket Fund for Religious Liberty, which is representing the plaintiffs before the Supreme Court. “In that area, the First Amendment absolutely protects the parents.”
“The democratic process is important, and that’s where we debate curriculum,” Haun added, “but here we’re talking about restoring an opt-out right, which is not a challenge to the curriculum.”
Wael Elkoshairi insists he harbors no ill will toward LGBTQ families and says he isn’t calling for a ban on any books. But he hopes the high court — as a matter of faith — will give parents greater control.
“When people have differences of opinion on certain things, accommodations work well to relieve everybody, and we move on,” Elkosairi said.
As for the McGowans, they are hoping the court’s conservative majority holds the line.
“The fact that the Court took the case at all — I don’t have reason to believe that they took the case to affirm the importance of inclusion in the public schools,” said Sharon McGowan. “If harm is done by their decision, we will figure out what we need to do at a personal and a community level to mitigate that harm.”
A decision in the case is expected by the end of June.
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