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SUPREME COURT OF
THE UNITED STATES No. 24–297 TAMER
MAHMOUD, ET AL., PETITIONERS v. THOMAS
W. TAYLOR, ET AL. ON WRIT OF
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE
FOURTH CIRCUIT [June 27, 2025] JUSTICE
ALITO delivered the opinion of the Court. The Board of Education of Montgomery
County, Maryland (Board), has introduced a variety of
“LGBTQ+-inclusive” storybooks into the elementary school
curriculum. These books—and associated educational
instructions provided to teachers—are designed to
“disrupt” children’s thinking about sexuality and
gender. The Board has told parents that it will not give
them notice when the books are going to be used and that
their children’s attendance during those periods is
mandatory. A group of parents from diverse religious
backgrounds sued to enjoin those policies. They assert
that the new curriculum, combined with the Board’s
decision to deny opt outs, impermissibly burdens their
religious exercise. Today, we hold that the parents have
shown that they are entitled to a preliminary
injunction. A government burdens the religious exercise
of parents when it requires them to submit their
children to instruction that poses “a very real threat
of undermining” the religious beliefs and practices that
the parents wish to instill. Wisconsin v. Yoder, 406 U.
S. 205, 218 (1972). And a government cannot condition
the benefit of free public education on parents’
acceptance of such instruction. Based on these
principles, we conclude that the parents are likely to
succeed in their challenge to the Board’s policies. I With just over one million residents,
Montgomery County is Maryland’s most populous county.
According to a recent survey, it is also the “most
religiously diverse county” in the Nation. In addition
to hosting a diverse mix of Christian denominations, the
county ranks in the top five in the Nation in per-capita
population of Jews, Muslims, Hindus, and Buddhists. The county’s
religious diversity is accompanied by strong cultural
diversity as well. The county is home to several notable
ethnic communities. For example, the Ethiopian community
in Silver Spring is one of the largest in the country.
And according to one survey, “[o]nly 56.8% of county
residents speak English at home.” Most Montgomery County
residents with school age children, by choice or
necessity, send them to public school. As a general
matter, Maryland law requires that resident children
ages 5 to 18 “attend a public school regularly during
the entire school year.” As an exception to this general
rule, the State permits parents to send their children
to private school or to educate them at home if certain
requirements can be met. Parents who cause their
children to be absent unlawfully from school can face
fines, mandatory community service, and even
imprisonment. …. This case arises from the Board’s
abject refusal to heed widespread and impassioned pleas
for accommodation. In the years leading up to 2022, the
Board apparently “determined that the books used in its
existing curriculum were not representative of many
students and families in Montgomery County because they
did not include LGBTQ characters.” The Board
therefore decided to introduce into the curriculum what
it described as “‘LGBTQ+-inclusive texts.’” As one email
sent by MCPS principals reflects, the Board selected the
books according to a “Critical Selection Repertoire”
that required selectors to review potential texts and
ask questions such as: “Is heteronormativity reinforced
or disrupted?”; “Is cisnormativity reinforced or
disrupted?”; and “Are power hierarchies that uphold the
dominant culture reinforced or disrupted?” In accordance with this
“[r]epertoire” and other criteria, the Board eventually
selected 13 “LGBTQ+-inclusive” texts for use in the
English and Language Arts curriculum from pre-K through
12th grade. At issue in this lawsuit are the five
“LGBTQ+-inclusive” storybooks that are approved for
students in Kindergarten through fifth grade—in other
words, for children who are generally between 5 and 11
years old. A few short descriptions will serve to
illustrate the general tenor of the storybooks.
Intersection Allies tells the stories of several
children from different backgrounds, including Kate, who
is apparently a transgender child. One page shows Kate
in a sex-neutral or sex-ambiguous bathroom, and Kate
proclaims: “My friends defend my choices and place. A
bathroom, like all rooms, should be a safe space.”
Intersection Allies includes a “Page-By-Page Book
Discussion Guide” that asserts: “When we are born, our
gender is often decided for us based on our sex . . . .
But at any point in our lives, we can choose to identify
with one gender, multiple genders, or neither gender.”
The discussion guide explains that “Kate prefers the
pronouns they/their/them” and asks “What pronouns fit
you best?” Prince
& Knight tells the story of a coming-of-age prince
whose parents wish to match him with “a kind and worthy
bride.” After meeting with “many ladies,” the prince
tells his parents that he is “‘looking for something
different in a partner by [his] side.’” Later in the
book, the prince falls into the “embrace” of a knight
after the two finish battling a fearsome dragon. After the
knight takes off his helmet, the prince and knight
“gaz[e] into each other’s eyes, [and] their hearts
beg[in] to race.” The whole kingdom later applauds “on
the two men’s wedding day.” Love Violet follows a young girl
named Violet who has a crush on her female classmate,
Mira. Mira makes Violet’s “heart skip” and “thunde[r]
like a hundred galloping horses.” Although Violet is
initially too afraid to interact with Mira, the two end
up exchanging gifts on Valentine’s Day. Afterwards, the
two girls are seen holding hands and “galloping over
snowy drifts to see what they might find. Together.” …. The Board suggested “that teachers
incorporate the new texts into the curriculum in the
same way that other books are used, namely, to put them
on a shelf for students to find on their own; to
recommend a book to a student who would enjoy it; to
offer the books as an option for literature circles,
book clubs, or paired reading groups; or to use them as
a read aloud.” And “[a]s with all curriculum resources,”
the Board voiced its “expectation that teachers use the
LGBTQ-Inclusive Books as part of instruction.” Id., at
605a. An MCPS official has made clear that “[t]eachers
cannot . . . elect not to use the LGBTQ-Inclusive Books
at all.” The Board also contemplated that instruction
involving the “LGBTQ+-inclusive” storybooks would
include classroom discussion. In anticipation of such
discussion, the Board hosted a “professional development
workshop” in the summer of 2022, where it provided
teachers with a guidance document suggesting how they
might respond to student inquiries regarding the themes
presented in the books. For example, if a student
asserts that two men For example, if a student asserts
that two men cannot get married, the guidance document
encouraged teachers to respond by saying: “When people
are adults they can get married. Two men who love each
other can decide they want to get married.” If a student
claims that a character “can’t be a boy if he was born a
girl,” teachers were encouraged to respond: “That
comment is hurtful.” And if a student asks “[w]hat’s
transgender?”, it was recommended that teachers explain:
“When we’re born, people make a guess about our gender
and label us ‘boy’ or ‘girl’ based on our body parts.
Sometimes they’re right and sometimes they’re wrong.”
The guidance document encouraged teachers to “[d]isrupt
the either/or thinking” of their students. …. The Board officially launched the
“LGBTQ+-inclusive” texts into MCPS schools in the
2022–2023 school year. Shortly thereafter, parents
“began contacting individual teachers, principals, or
MCPS staff ” about the storybooks and asking that their
children be excused from classroom instruction related
to them. Some parents showed up at the Board’s public
business meetings to express their concerns about the
storybooks’ content. In an early 2023 meeting, for
example, one parent represented herself as “a voice for
parents in [her] community, many of [whom] are actually
working today and unable to attend.” She said that MCPS
parents were “frustrated” because, in their view,
“educators and administrators are going behind what
[parents] are teaching their kids at home, and pushing
ideas of gender ideology on their kids.” The parent
felt that the Board was “implying to [children] that
their religion, their belief system, and their family
tradition is actually wrong.” At the same Board meeting, one Board
member responded by saying that “some of the testimony
today was disturbing to me personally. Transgender,
LGBTQ individuals are not an ideology, they are a
reality. . . . [T]here are religions out there that
teach that women should only achieve certain subservient
roles in life, and MCPS would never think of not having
a book in a classroom that showed a woman” in a
professional role. The Board’s student member agreed
with the sentiment and proclaimed that “ignorance and
hate does exist within our community, but please know
that every student—each of our 160,000 students in our
large county—has a place in the school system.” Initially, the Board compromised with
objecting parents by notifying them when the
“LGBTQ+-inclusive” storybooks would be taught and
permitting their children to be excused from instruction
involving the books. That policy was consistent with the
Board’s general “Guidelines for Respecting Religious
Diversity,” which at the time provided that “[w]hen
possible, schools should try to make reasonable and
feasible adjustments to the instructional program to
accommodate requests from students, or requests from
parents/guardians on behalf of their students, to be
excused from specific classroom discussions or
activities that they believe would impose a substantial
burden on their religious beliefs.” This compromise, however, did not
last long. In March 2023, less than a year after the
“LGBTQ+-inclusive” texts were introduced, the Board
issued a statement declaring that “[s]tudents and
families may not choose to opt out of engaging” with the
storybooks and that “teachers will not send home letters
to inform families when inclusive books are read in the
future.” According to one MCPS official, the Board
decided to change its policy because, among other
things, “individual principals and teachers could not
accommodate the growing number of opt out requests
without causing significant disruptions to the classroom
environment.” The official also stated that permitting
some students to exit the classroom while the storybooks
were being taught would expose other students “to social
stigma and isolation.” It was therefore announced that
any existing accommodations would expire at the end of
the 2022–2023 school year. Shortly after the Board rescinded
parental opt outs, more than 1,000 parents signed a
petition asking the Board to restore opt out rights. And
hundreds of displeased parents, including many Muslim
and Ethiopian Orthodox parents, appeared at the Board’s
public meetings and implored the Board to allow opt
outs. At a May 2023 meeting, one community member
testified that “thousands” of parents felt “deeply
dismayed and betrayed” by the rescission of opt outs
from “content that conflict[s] with their sincerely held
religious beliefs.” At the same meeting, an MCPS student
testified and asked the Board “to allow students like me
to opt out of content and books that contain sensitive
and mature topics that go against my religious beliefs.”
The Board was unmoved. …. At the time when this lawsuit was
filed, petitioners Tamer Mahmoud and Enas Barakat had
three children enrolled in MCPS, including one who was
still in elementary school. Mahmoud and Barakat are
Muslims who believe “that mankind has been divinely
created as male and female” and “that ‘gender’ cannot be
unwoven from biological ‘sex’—to the extent the two are
even distinct—without rejecting the dignity and
direction God bestowed on humanity from the start.”
Mahmoud and Barakat believe that it would be “immoral”
to expose their “young, impressionable, elementary-aged
son” to a curriculum that “undermine[s] Islamic
teaching.” And, in their view, “[t]he storybooks at
issue in this lawsuit . . . directly undermine [their]
efforts to raise” their son in the Islamic faith
“because they encourage young children to question their
sexuality and gender . . . and to dismiss parental and
religious guidance on these issues.” …. Faced with the Board’s decision to
rescind opt outs, petitioners filed this lawsuit in the
United States District Court for the District of
Maryland. Among other things, they asserted that the
Board’s no-opt-out policy infringed their right to the
free exercise of their religion. They sought a
preliminary and permanent injunction “prohibiting the
School Board from forcing [their] children and other
students—over the objection of their parents—to read,
listen to, or discuss” the storybooks. In support of
their request, the parents relied heavily on this
Court’s decision in Wisconsin v. Yoder, 406 U. S. 205. …. In the present case, the parents
asserted that Yoder’s principle applies to their
situation, and they therefore asked for a preliminary
injunction permitting their children to opt out of the
challenged instruction pending the completion of their
lawsuit. The District Court denied that relief. It
characterized the petitioners’ primary argument as an
objection to school “indoctrination” and asserted that
the petitioners had not “identified any case recognizing
a free exercise violation based on indoctrination.” It dismissed
Yoder as “sui generis” and “inexorably linked to the
Amish community’s unique religious beliefs and
practices.” And although the District Court acknowledged
that the “LGBTQ+-inclusive” curriculum might result in
petitioners’ being “less likely to succeed” in raising
their children in their religious faiths, it nonetheless
held that the curriculum was likely consistent with the
Free Exercise Clause. A divided panel of the Fourth Circuit
affirmed. The majority did not expressly endorse the
District Court’s view regarding the constitutionality of
“indoctrination,” but it suggested that petitioners
could succeed on their free exercise claim only if they
could “show direct or indirect coercion arising out of
the exposure” to the storybooks. … II Our Constitution proclaims that
“Congress shall make no law . . . prohibiting the free
exercise” of religion. And the right to free exercise,
like other First Amendment rights, is not “shed . . . at
the schoolhouse gate.” Tinker v. Des Moines Independent
Community School Dist., 393 U. S. 503, 506–507 (1969).
Government schools, like all government institutions,
may not place unconstitutional burdens on religious
exercise. The parents assert that the Board’s
introduction of the “LGBTQ+-inclusive”
storybooks—combined with its decision to withhold notice
and opt outs—unconstitutionally burdens their religious
exercise. At this stage, the parents seek a
preliminary injunction that would permit them to have
their children excused from instruction related to the
storybooks while this lawsuit proceeds. To obtain that
form of preliminary relief, the parents must show that
they are likely to succeed on the merits, that they are
likely to suffer irreparable harm in the absence of
preliminary relief, that the balance of equities tips in
their favor, and that an injunction would be in the
public interest. The parents have made that showing. III To begin, we hold that the parents
are likely to succeed on their claim that the Board’s
policies unconstitutionally burden their religious
exercise. “[W]e have long recognized the rights of
parents to direct ‘the religious upbringing’ of their
children.” And we have held that those rights are
violated by government policies that “substantially
interfer[e] with the religious development” of children.
Such interference, we have observed, “carries with it
precisely the kind of objective danger to the free
exercise of religion that the First Amendment was
designed to prevent.” For the reasons explained below,
we conclude that such an “objective danger” is present
here. We start by describing the nature of
the religious practice at issue here and explaining why
it is burdened by the Board’s policies. At its heart, the Free Exercise
Clause of the First Amendment protects “the ability of
those who hold religious beliefs of all kinds to live
out their faiths in daily life through the performance
of ” religious acts. And for many people of faith across
the country, there are few religious acts more important
than the religious education of their children. Indeed,
for many Christians, Jews, Muslims, and others, the
religious education of children is not merely a
preferred practice but rather a religious obligation.
The parent petitioners in this case reflect this
reality: they all believe they have a “sacred
obligation” or “God-given responsibility” to raise their
children in a way that is consistent with their
religious beliefs and practices. The practice of educating one’s
children in one’s religious beliefs, like all religious
acts and practices, receives a generous measure of
protection from our Constitution. “Drawing on ‘enduring
American tradition,’ we have long recognized the rights
of parents to direct ‘the religious upbringing’ of their
children.” And this is not merely a right to teach
religion in the confines of one’s own home. Rather, it
extends to the choices that parents wish to make for
their children outside the home. It protects, for
example, a parent’s decision to send his or her child to
a private religious school instead of a public school. We have thus recognized limits on the
government’s ability to interfere with a student’s
religious upbringing in a public school setting. …. As our decision in Yoder reflects,
the question whether a law “substantially interfer[es]
with the religious development” of a child will always
be fact-intensive. It will depend on the specific
religious beliefs and practices asserted, as well as the
specific nature of the educational requirement or
curricular feature at issue. Educational requirements
targeted toward very young children, for example, may be
analyzed differently from educational requirements for
high school students. A court must also consider the
specific context in which the instruction or materials
at issue are presented. Are they presented in a neutral
manner, or are they presented in a manner that is
“hostile” to religious viewpoints and designed to impose
upon students a “pressure to conform”? We now turn to
the application of these principles to this case. In light of the record before us, we
hold that the Board’s introduction of the
“LGBTQ+-inclusive” storybooks—combined with its decision
to withhold notice to parents and toforbid opt
outs—substantially interferes with the religious
development of their children and imposes the kind of
burden on religious exercise that Yoder found
unacceptable. To understand why, start with the
storybooks themselves. Like many books targeted at young
children, the books are unmistakably normative. They are
clearly designed to present certain values and beliefs
as things to be celebrated and certain contrary values
and beliefs as things to be rejected. Take, for example, the message sent
by the books concerning same-sex marriage. Many
Americans “advocate with utmost, sincere conviction
that, by divine precepts, same-sex marriage should not
be condoned.” That group includes each of the parents in
this case. The
storybooks, however, are designed to present the
opposite viewpoint to young, impressionable children who
are likely to accept without question any moral messages
conveyed by their teachers’ instruction. For example, the book Prince &
Knight clearly conveys the message that same-sex
marriage should be accepted by all as a cause for
celebration. The young reader is guided to feel
distressed at the prince’s failure to find a princess,
and then to celebrate when the prince meets his male
partner. The book relates that “on the two men’s wedding
day, the air filled with cheer and laughter, for the
prince and his shining knight would live happily ever
after.” Those celebrating the same-sex wedding are not
just family members and close friends, but the entire
kingdom. For young children, to whom this and the other
storybooks are targeted, such celebration is liable to
be processed as having moral connotations. If this
same-sex marriage makes everyone happy and leads to
joyous celebration by all, doesn’t that mean it is in
every respect a good thing? …. These books carry with them “a very
real threat of undermining” the religious beliefs that
the parents wish to instill in their children. Like the
compulsory high school education considered in Yoder,
these books impose upon children a set of values and
beliefs that are “hostile” to their parents’ religious
beliefs. And the books exert upon children a
psychological “pressure to conform” to their specific
viewpoints. The books therefore present the same kind of
“objective danger to the free exercise of religion” that
we identified in Yoder. That “objective danger” is only
exacerbated by the fact that the books will be presented
to young children by authority figures in elementary
school classrooms. As representatives of the Board have
admitted, “there is an expectation that teachers use the
LGBTQ-Inclusive Books as part of instruction,” and
“there will be discussion that ensues.” The Board has
left little mystery as to what that discussion might
look like. The Board provided teachers with suggested
responses to student questions related to the books, and
the responses make it clear that instruction related to
the storybooks will “substantially interfer[e]” with the
parents’ ability to direct the “religious development”
of their children. …. We cannot agree with the decision of
the lower courts to dismiss our holding in Yoder out of
hand. Although the decision turned on a close analysis
of the facts in the record, there is no reason to
conclude that the decision is “sui generis” or uniquely
“tailored to [its] specific evidence,” as the courts
below reasoned. We have never confined Yoder to its
facts. To the contrary, we have treated it like any
other precedent. We have at times relied on it as a
statement of general principles. True, we noted in Yoder
that the Amish had made a “convincing showing, one that
probably few other religious groups or sects could
make.” But
that language must be read in the context of the
specific claims raised by the Amish respondents. They
did not challenge a discrete educational requirement or
element of the curriculum, like the plaintiffs in
Barnette. Instead, they asserted a right to withdraw
their children from all conventional schooling after a
certain age. Such a claim required them to show that the
practice of formal education after the eighth grade
would substantially and systemically interfere with the
religious development of their children. It was on that
point that they had made a “convincing showing” that
others might struggle to make. But that says nothing at
all about whether other parents could make the same
convincing showing with respect to more specific
educational requirements. Yoder is an important precedent of
this Court, and it cannot be breezily dismissed as a
special exception granted to one particular religious
minority. It instead embodies a principle of general
applicability, and that principle provides more robust
protection for religious liberty than the alarmingly
narrow rule that the dissent propounds. The dissent sees
the Free Exercise Clause’s guarantee as nothing more
than protection against compulsion or coercion to
renounce or abandon one’s religion. Under this test,
even instruction that denigrates or ridicules students’
religious beliefs would apparently be allowed. We reject this chilling vision of the
power of the state to strip away the critical right of
parents to guide the religious development of their
children. Yoder and Barnette embody a very different
view of religious liberty, one that comports with the
fundamental values of the American people. …. For these reasons, we conclude that
the Board’s introduction of the “LGBTQ+-inclusive”
storybooks, combined with its no-opt-out policy, burdens
the parents’ right to the free exercise of religion. We
now turn to the question whether that burden is
constitutionally permitted. Under our precedents, the government
is generally free to place incidental burdens on
religious exercise so long as it does so pursuant to a
neutral policy that is generally applicable. Smith.
Thus, in most circumstances, two questions remain after
a burden on religious exercise is found. First, a court
must ask if the burdensome policy is neutral and
generally applicable. Second, if the first question can
be answered in the negative, a court will proceed to ask
whether the policy can survive strict scrutiny. Under
that standard, the government must demonstrate that “its
course was justified by a compelling state interest and
was narrowly tailored in pursuit of that interest.” Here, the character of the burden
requires us to proceed differently. When the burden
imposed is of the same character as that imposed in
Yoder, we need not ask whether the law at issue is
neutral or generally applicable before proceeding to
strict scrutiny. That much is clear from our decisions
in Yoder and Smith. In Yoder, the Court rejected the
contention that the case could be “disposed of on the
grounds that Wisconsin’s requirement . . . applies
uniformly to all citizens of the State and does not, on
its face, discriminate against religions or a particular
religion.” Instead, the Court bypassed those issues and
proceeded to subject the law to close judicial scrutiny,
asking whether the State’s interest “in its system of
compulsory education [was] so compelling that even the
established religious practices of the Amish must give
way.” Then, in Smith, we recognized Yoder
as an exception to the general rule that governments may
burden religious exercise pursuant to neutral and
generally applicable laws. Specifically, we described
Yoder as a case “in which we have held that the First
Amendment bars application of a neutral, generally
applicable law to religiously motivated action.” And we
explained that the general rule did not apply in Yoder
because of the special character of the burden in that
case. Thus, when a law imposes a burden of the same
character as that in Yoder, strict scrutiny is
appropriate regardless of whether the law is neutral or
generally applicable. As we have explained, the burden in
this case is of the exact same character as the burden
in Yoder. The Board’s policies, like the
compulsory-attendance requirement in Yoder,
“substantially interfer[e] with the religious
development” of the parents’ children. And those
policies pose “a very real threat of undermining” the
religious beliefs and practices that the parents wish to
instill in their children. We therefore proceed to
consider whether the policies can survive strict
scrutiny. To survive strict scrutiny, a
government must demonstrate that its policy “advances
‘interests of the highest order’ and is narrowly
tailored to achieve those interests.” In its filings
before us, the Board asserts that its curriculum and
no-opt-out policy serve its compelling interest in
“maintaining a school environment that is safe and
conducive to learning for all students.” It relies on
the statements of an MCPS official who testified that
permitting opt outs would result in “significant
disruptions to the classroom environment” and would
expose certain students to “social stigma and
isolation.” We do not doubt that, as a general
matter, schools have a “compelling interest in having an
undisrupted school session conducive to the students’
learning.” But the Board’s conduct undermines its
assertion that its no-opt-out policy is necessary to
serve that interest. As we have noted, the Board
continues to permit opt outs in a variety of other
circumstances, including for “noncurricular” activities
and the “Family Life and Human Sexuality” unit of
instruction, for which opt outs are required under
Maryland law. This robust “system of exceptions”
undermines the Board’s contention that the provision of
opt outs to religious parents would be infeasible or
unworkable. …. Nor can the Board’s policies be
justified by its asserted interest in protecting
students from “social stigma and isolation.” In
Maryland, the “Family Life and Human Sexuality” unit of
instruction includes discussions about sexuality and
gender. Yet the Board has not suggested that the
legally-required provision of opt outs from that
curriculum has resulted in stigma or isolation. Even if
it did, the Board cannot purport to rescue one group of
students from stigma and isolation by stigmatizing and
isolating another. …. IV The Board’s introduction of the
“LGBTQ+-inclusive” storybooks, along with its decision
to withhold opt outs, places an unconstitutional burden
on the parents’ rights to the free exercise of their
religion. The parents have therefore shown that they are
likely to succeed in their free exercise claims. They
have likewise shown entitlement to a preliminary
injunction pending the completion of this lawsuit. In
the absence of an injunction, the parents will continue
to be put to a choice: either risk their child’s
exposure to burdensome instruction, or pay substantial
sums for alternative educational services. As we have
explained, that choice unconstitutionally burdens the
parents’ religious exercise, and “‘[t]he loss of First
Amendment freedoms, for even minimal periods of time,
unquestionably constitutes irreparable injury.’” Furthermore, in light of the strong
showing made by the parents here, and the lack of a
compelling interest supporting the Board’s policies, an
injunction is both equitable and in the public interest.
The petitioners should receive preliminary relief while
this lawsuit proceeds. Specifically, until all appellate
review in this case is completed, the Board should be
ordered to notify them in advance whenever one of the
books in question or any other similar book is to be
used in any way and to allow them to have their children
excused from that instruction. The judgment of the Court of Appeals
is reversed, and the case is remanded for further
proceedings consistent with this opinion. It is so ordered. JUSTICE SOTOMAYOR, with whom
JUSTICE KAGAN and JUSTICE JACKSON join, dissenting. Public schools, this Court has said,
are “‘at once the symbol of our democracy and the most
pervasive means for promoting our common destiny.’ They offer to
children of all faiths and backgrounds an education and
an opportunity to practice living in our multicultural
society. That experience is critical to our Nation’s
civic vitality. Yet it will become a mere memory if
children must be insulated from exposure to ideas and
concepts that may conflict with their parents’ religious
beliefs. Today’s ruling ushers in that new
reality. Casting aside longstanding precedent, the Court
invents a constitutional right to avoid exposure to
“subtle” themes “contrary to the religious principles”
that parents wish to instill in their children. Exposing
students to the “message” that LGBTQ people exist, and
that their loved ones may celebrate their marriages and
life events, the majority says, is enough to trigger the
most demanding form of judicial scrutiny. That novel
rule is squarely foreclosed by our precedent and offers
no limiting principle. Given the great diversity of
religious beliefs in this country, countless
interactions that occur every day in public schools
might expose children to messages that conflict with a
parent’s religious beliefs. If that is sufficient to
trigger strict scrutiny, then little is not. The result will be chaos for this
Nation’s public schools. Requiring schools to provide
advance notice and the chance to opt out of every lesson
plan or story time that might implicate a parent’s
religious beliefs will impose impossible administrative
burdens on schools. The harm will not be borne by
educators alone: Children will suffer too. Classroom
disruptions and absences may well inflict long-lasting
harm on students’ learning and development. Worse yet, the majority closes its
eyes to the inevitable chilling effects of its ruling.
Many school districts, and particularly the most
resource strapped, cannot afford to engage in costly
litigation over opt-out rights or to divert resources to
tracking and managing student absences. Schools may
instead censor their curricula, stripping material that
risks generating religious objections. The Court’s
ruling, in effect, thus hands a subset of parents the
right to veto curricular choices long left to locally
elected school boards. Because I cannot countenance the
Court’s contortion of our precedent and the untold harms
that will follow, I dissent. |