by Michael Gryboski, Christian Post
The U.S. Supreme Court is weighing the extent to which parents can opt their children out of public school instruction in which LGBT-themed books are read as part of the curriculum.
The Supreme Court heard oral arguments on Tuesday morning in the case of Mahmoud, Tamer, et al. v. Taylor, Thomas W., et al. The case centers on whether public school parents in Montgomery County, Maryland — the state’s largest school district — have a constitutional right under the First Amendment to exempt their children from lessons that feature LGBT ideology.
Eric Baxter of the Becket Fund for Religious Liberty argued the case on behalf of a diverse coalition of Christian, Muslim and Jewish parents, saying in his opening arguments that “petitioners deserve complete preliminary relief” from the school district because it won’t allow them to opt their children out of such instruction.
“Exempting students for some religious reasons but not others cannot be squared with the First Amendment,” said Baxter. “In a system where thousands of students are daily opted in and out of the class for multiple reasons, there’s no basis for denying opt-outs for religious reasons.”
Justice Elena Kagan, one of the three liberal members of the court, expressed concern about “lines” with opt-outs, believing that if the plaintiffs were successful, there would be “opt-outs for everyone” no matter how trivial the parental issue.
Baxter replied that “schools everywhere in the country” are working under the assumption that sincere religious objections can be a reason for an opt-out.