|
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 “PageBy-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. |