On Tuesday, the Supreme Court of the United States heard oral arguments for a lawsuit that will determine whether parents have the right to opt their elementary school children out of coursework that promotes gender ideology (Mahmoud v. Taylor).
In May 2023, Catholic, Ethiopian Orthodox, and Muslim parents sued Maryland’s Montgomery County Board of Education, after it ended its policy of notifying parents of coursework promoting homosexuality and transgenderism and allowing them to opt their children out. The current policy is stricter and only allows opt-outs for lessons that touch on sexual education in health class or religion, but not for those that endorse the views that there are more than two genders, that a boy can become a girl, that homosexual unions are moral, or that pronouns can change depending on how one feels on any given day.
Eric Baxter, the attorney representing the parents, argued that the school board’s policy violates the First Amendment by indoctrinating very young children against their parents’ religious beliefs. Most Supreme Court Justices expressed concern with the policy during oral arguments, questioning why it isn’t feasible to provide an opt-out and showing skepticism of the school board’s argument that the policy did not require the children to affirm or support the content of the materials. “Is that a realistic concept when you are talking about a 5-year-old?”, Chief Justice John Roberts asked.
The US Supreme Court typically finishes hearing cases in April and issues its opinions in June. You can find more detailed information here.