Texas parental rights advocates are celebrating a big win following a U.S. Supreme Court decision affirming parents’ First Amendment-protected right to direct their children’s religious upbringing within government schools.
The Court held that parents’ rights are violated by government policies that “substantially” interfere with the “religious development” of their children.
The case, Mahmoud v. Taylor, pitted parents against a Maryland school board that introduced “LGBTQ+-inclusive” storybooks to young students, then denied families’ requests for parental notifications and opt-outs.
Justice Samuel Alito delivered the Court’s majority opinion in the 6-3 decision, agreeing with parents that the school’s policies unconstitutionally burdened parents’ religious exercise.
“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,” wrote Alito. “And a government cannot condition the benefit of free public education on parents’ acceptance of such instruction.”
The opinion notes that the LGBTQ+ books “unmistakably convey a particular viewpoint about same-sex marriage and gender. And the Board has specifically encouraged teachers to reinforce this viewpoint and to reprimand any children who disagree. That goes far beyond mere ‘exposure.’”
School officials argued that they were receiving so many opt-out requests that they couldn’t accommodate them all without “causing significant disruptions to the classroom environment.”
Friday’s decision granted the plaintiffs’ request for a preliminary injunction, meaning that until litigation is completed, school officials should notify parents in advance whenever such books are to be used in any way and allow parents to have their children excused from that instruction.
Parent advocacy group Texas Education 911, which submitted an amicus brief in the case, celebrated parents’ win over ideological indoctrination in government schools.
“Over the past decade, public school families have been besieged by heavy-handed mandates to accept ideological sex and gender indoctrination in public school curricula,” said Texas Education 911 President Aileen Blachowski.
“The pressure for families to accept and conform with woke gender ideology in public schools or feel forced out of participating in the public education their tax dollars support has been immense,” said Blachowski. “Today’s ruling sends a loud and clear message that parents have a constitutionally protected right to raise their kids the way they see fit and schools can’t force ideologies on them.”
Conservative activist Tami Brown Rodriquez, policy director for anti-trafficking organization Jaco Booyens Ministries, also celebrated Friday’s court victory.
“The real win? The Court just upheld Parental Rights over government school authority,” posted Rodriquez.
“We need MORE of this—it’s high time to END the modern misuse of in loco parentis. Parents don’t surrender their rights to schools,” she continued. “Full Stop.”
Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson disagreed with the majority.
A dissenting opinion by Sotomayor claimed that requiring schools to provide parents with advance notice and the chance to opt out of religiously objectionable material will result in “chaos” for public schools and “untold harms” to students.
In another win for Texas families issued on Friday, the Court upheld a state law requiring websites with X-rated content to verify users’ age, protecting kids from the harmful effects of exposure to pornography.
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