Supreme Court hears arguments over LGBT books in the classroom

The nation’s highest court considered arguments on Tuesday to decide whether parents have a constitutional right to opt their children out of certain lessons and materials that conflict with their religious beliefs. The Montgomery County school system in Maryland introduced LGBT-themed storybooks and lessons to pre-K through fifth grade classrooms in 2022. School board leaders assured parents that they would be informed when the materials were used and would have the choice to opt out and have their child removed during that time.

The religious law group Becket represented parents in the case and described several of the books and lessons of concern. Teachers were instructed to tell students that doctors only guessed a baby's sex at birth. The curriculum included picture books instructing pre-K students to identify pictures of an LGBT flag, a drag queen, and underwear, according to Becket. Becket argued before the justices that parents had a right to guide their children’s education to ensure it aligned with their religious beliefs. Montgomery County is unlawfully coming between parents and their children, and targeting them because of their religious beliefs about sexuality, plaintiffs argued.

How did administrators respond? Attorneys representing the school system argued that the First Amendment’s Free Exercise Clause would only apply if students were being coerced into changing their religious beliefs or practices. Allowing parents to cherry-pick their child’s curriculum exposure would leave public education in shreds, the county argued.

A decision from the conservative majority court is expected later this summer.

Dig deeper: Read Steve West’s report on SCOTUS upholding a ruling for equal treatment of religious schools.