Authored by Aaron Gifford via The Epoch Times (emphasis ours),
When classes resume in public schools next month, parents across the nation should expect notification from school administrators about any “LGBTQ+ inclusive” instruction and the right to opt their children out of it for religious reasons.
The U.S. Supreme Court on June 27 ruled in favor of Maryland parents, many of them Christians and Muslims, who complained their school district forced instruction about LGBT lifestyles on their young children. In a 6–3 vote, justices determined that while the district said the instruction was lessons in mutual respect, the materials conveyed and reinforced viewpoints about same-sex marriage.
The district, Montgomery County Public Schools, incorporated LGBT storybooks that promoted same-sex romance between children, Pride celebrations, and gender transitions in 2022, according to court papers. Parents initially were told they could opt their children out of the sessions when such books were read, but in the fall of 2023, the district made story time mandatory.
The Supreme Court decision establishes a national precedent, requiring all public school districts to broaden their existing protocols for curriculum and opt-outs to include LGBT materials.
Nate Kellum, senior counsel for the First Liberty Institute, said that these communication measures were likely in place for decades with respect to health and sex education instruction.
“It’s easy enough to incorporate,“ Kellum told The Epoch Times. ”It’s just a matter of common sense and common courtesy. It won’t become an administrative nightmare.”
“But it becomes a question of will. For some districts, this is a bitter pill to swallow.”
Kellum said there will likely be questions about activities outside the classroom, like morning announcements, school-wide assemblies, and displays. If those events are planned ahead of time and potentially interfere with a family’s religious exercise, the school is obligated to provide advance notice and the option not to attend.
Questions will also emerge about age and grade level. While advance notice is a reasonable request, it’s also reasonable to expect that older students are less impressionable, so families should act in good faith before taking actions against their school, Kellum said.
Still, given that the Supreme Court establishes the law of the land, families who are not granted the appropriate accommodations as stated by that federal branch have a “slam dunk” case, he said, adding that he anticipates some lawsuits across the nation in the coming months as the parameters of this federal court decision are fleshed out.
Kellum successfully represented parents in a similar case in suburban San Diego. They sued in federal court after their district didn’t allow them to opt their children out of a program where pairs of fifth graders read “My Shadow is Pink” to a kindergartner.
The book is about a boy with a pink shadow who likes to play with dolls and wear dresses. The fifth graders were also required to chalk an outline of their kindergarten buddy’s body and discuss with them their preferred shadow color, according to court papers.
Following the May 12 U.S. District Court decision in favor of the parents, the plaintiff, Encinitas Union School District, appealed to the Ninth Circuit Court.
With the recent Supreme Court decision, Kellum said, “I don’t know if they really have any place to go.”
Montgomery County Schools, following the Supreme Court decision, announced that it will provide further guidance to parents before the school year begins.
How other school leaders across the nation plan to proceed remains to be seen. Attorneys general from Massachusetts, Maryland, and California issued statements expressing disappointment with the decision.
“By ensuring our curriculum reflects the full diversity of our student population, we foster an environment where every student feels seen, supported, and empowered to succeed,” California Attorney General Rob Bonta said in a June 27 news release.
Republican members of Congress called the decision a historic win for families.
“Children are not wards of the state, and families, not government officials, should decide how curriculum related to human sexuality is introduced to their children,” Rep. Robert Aderholt (R-Ala.) said in a news release.
Defending Education, an education watchdog group, is encouraging parents to contact their local schools about this matter before the school year begins. The organization has provided an email template that cites the Supreme Court decision and further requests that the school allow a child to opt out of mandatory preferred pronoun usage and shared bathrooms and locker rooms with the other sex.
“It is the right of religious parents to opt their children out of this type of sex and gender-focused curriculum, regardless of when and where it is introduced during the school day,” Defending Education’s July 13 announcement said.
The organization also asks parents to let them know if their school district does not allow children to opt out of the programs in question.
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