The Supreme Court’s “Don’t Say Gay” argument went disastrously for public schools
Three years ago, Montgomery County, Maryland, approved several books with LGBTQ characters for use in public school classrooms. Not much else is known about these books, how they have been used, when they were used in lessons, or how teachers plan to use them in the future.
These questions have come before lower courts, but the Supreme Court decided to hear a case — Mahmoud v. Taylor, brought by conservative Muslim and Christian parents who find these books objectionable — before these lower courts had a chance to sort out whether anyone’s constitutional rights have actually been violated.
Despite all this uncertainty, all six of the Supreme Court’s Republicans appeared absolutely convinced, during an oral argument on Tuesday, that the Montgomery County school district violated the Constitution, and that it must do more to protect parents who object to these books on religious grounds.
Based on Tuesday’s argument in Mahmoud, it seems all but certain the Court will rule that parents who object to these books must be allowed to remove their children from any classes where the books are featured. What is less clear is whether the Court will do so in a way that could endanger every public school in the country’s ability to function.
Eric Baxter, the lawyer representing the parents who oppose these books, seemed quite emboldened during Tuesday’s argument, and advocated for a result that would be extraordinarily disruptive. In his brief, Baxter suggested that parents who object to any form of classroom instruction on religious grounds must be notified in advance about that instruction and be permitted to opt their child out of the class.
The implications of this argument are breathtaking. As Justice Sonia Sotomayor pointed out, past cases involve parents who object to lessons touching on topics like divorce, interfaith couples, and “immodest dress.” Parents have brought federal lawsuits objecting, on religious grounds, to the government using unique numbers to identify people in its own internal........© Vox
