25 states, diverse faith groups, & legal scholars to Supreme Court: restore parental opt-outs for Pride storybooks Muslims, Jews, Christians, states, legal scholars ask Justices to protect parental rights
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Ryan Colby 202-349-7219 media@becketlaw.org
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WASHINGTON – A coalition of Muslims, Jews, Christians, twenty-five states, parents, and legal scholars asked the Supreme Court yesterday to ensure that parents can opt their children out of storybooks that push one-sided ideology on gender and sexuality. In Mahmoud v. Taylor, the Montgomery County Maryland Board of Education took away parental notice and opt-outs for storybooks that celebrate gender transitioning, pride parades, and pronoun preferences with kids as young as three and four. Becket represents Muslim, Christian, and Jewish parents who challenged the ban on elementary school opt-outs in federal court last year (Watch this short video to learn more).
The new “inclusivity” books were announced in 2022 for students in pre-K through fifth grade. Instead of focusing on basic principles of respect and kindness, however, the books champion controversial ideology around gender and sexuality. For example, one book tasks three and four-year-olds to search for images from a word list that includes “intersex flag,” “drag queen,” “underwear,” “leather,” and the name of a celebrated LGBTQ activist and sex worker. Another book advocates a child-knows-best approach to gender transitioning, telling students that a decision to transition doesn’t have to “make sense.” Teachers are instructed to say doctors only “guess” when identifying a newborn’s sex anyway. The School Board revoked notice and opt-outs for these storybooks last year, which violates Maryland law, the Board’s policies, and the advice of its own elementary school principals.
“It’s encouraging to see a large coalition of common-sense voices denouncing the School Board’s decision to run roughshod over parental rights,” said Grace Morrison, board member of Kids First, an association of parents and teachers advocating for notice and opt-outs in Montgomery County Schools. “I pray the Justices will take this case and ensure that parents get to decide how and when to introduce their own children to these sensitive topics.”
Highlights from yesterday’s filings in Mahmoud v. Taylor include:
- 25 states including Virginia, Ohio, and Texas, highlighting how the School Board’s withdrawal of notice and opt-out rights upends longstanding national consensus protecting the role of parents in directing their children’s exposure to issues of sexuality and gender.
- Religious liberty law scholars led by Michael McConnell, Douglas Laycock, Thomas Berg, Helen Alvaré, and Richard Garnett, arguing that the School Board’s policy is premised on an anomalous approach to protecting religious exercise in public programs.
- Jewish and Muslim organizations asking the Supreme Court to respect the religious duties parents have to direct their children’s upbringing.
- Prominent legal groups including First Liberty Institute and Christian Legal Society explaining the correct First Amendment framework to approach this case..
“As this outpouring of support shows, parents—not the government—should have the final say in how their kids are introduced to complex topics of gender and sexuality,” said Eric Baxter, vice president and senior counsel at Becket. “The School Board’s decision to cut parents out of these discussions flouts our nation’s traditions and common sense. We’re asking the Justices to restore the opt-out and allow parents to raise their children according to their beliefs.”
You can find all friend-of-the-court briefs filed in this case at the link here.