

Attorneys for a Montgomery County, Maryland school district squared off in the U.S. Supreme Court this week against attorneys representing parents who wish to opt their children out of LGBT-themed curriculum.
The controversy stems from Christian, Muslim and Jewish parents who filed a federal lawsuit to protect the right to exercise their religious liberty to be informed about what is being taught to their children and to opt their children out of lessons that directly conflict with their religious beliefs.
The suit was filed after the Montgomery County school board withdrew its original opt-out policy for books related to gender and sexuality.
Justice Brett Kavanaugh sharply questioned attorney Alan Schoenfeld who is representing the Montgomery County public school district, reminding him that the county and other school districts throughout Maryland have opt-outs for ” all sorts of things” and yet “for this one thing, they changed in mid-year and say ‘no more opt outs’ and I’m just not understanding feasibility.”
Schoenfeld replied that there is a “limited universe of things that students can opt out from” and that the “Family Life and Healthy Sexuality curriculum stands alone. It is mandated by the state.”
Kavanaugh pushed back, questioning why the Montgomery County school board was the only one in the country to stand alone in mandating the use of the LGBT-themed books while prohibiting students from opting out.
Kavanaugh also pointed out that the whole goal of cases involving religious precedence was to “find the win-win” and “to look for the situation where you can respect the religious beliefs and accommodate the religious beliefs while the state or city, or whatever it is, can pursue its goals.”
The justice continued, “Here they’re not asking you to change what’s taught in a classroom, they’re not asking you to change that at all.”
“They’re only seeking to be able to walk out so that the parents don’t have their children exposed to these things that are contrary to their own beliefs,” Kavanaugh added.
Three of the more liberal Supreme Court justices, including Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson appeared to back the school district’s decision to disallow opt-outs from with Kagan worrying about parents being able to make that decision, saying, “Once we articulate a rule like that, it would be like, opt-outs for everyone.”
A majority of justices appear to side with parental rights and religious groups who oppose the policy.
Those groups have found an ally in the Trump administration which stated in a written brief that the no opt-out policy, “compromises parents’ ability to act consistent with those [religious] beliefs regardless of whether their children feel pressured or coerced by the instruction.”
A ruling in the case is expected before the high court adjourns for the summer in late June.