Free Exercise for Parents

Oral Arguments for Supreme Court Involving Parental Rights and Religious Liberty

The Supreme Court heard oral arguments for Mahmoud v. Taylor on Tuesday. As the AACS has previously reported, the case involves religious parents who wish to opt their children out of LGBT storybook lessons. The Montgomery County school district in Maryland initially had a notice and opt-out policy for these materials but then reversed course by removing the parental opt-out. The court will decide whether the school district substantively burdens the parents’ free exercise of religion.

Eric Baxter, counsel for the religious parents, relied heavily on the past Supreme Court decision Wisconsin v. Yoder to argue that the state has substantially burdened the free exercise of the parents. Baxter also noted that the school board made anti-religious comments against religious parents.

The counsel for Montgomery County argued that the notice and opt-out policy was administratively unfeasible. He claimed that exposing children to different viewpoints did not qualify as coercion.

However, the majority of the Court appeared to favor the parents’ arguments. Many legal analysts expect all six Republican-appointed justices to side with the parents. Even the liberal news outlet Vox said the argument “went disastrously for public schools.”

If the Court rules for the parents, it could broadly support the right of free exercise. Or, it could give a narrower ruling that requires notice and opt-out for only young children. The Court could also rule against the school board solely because of their religious animus. The Court is expected to release its decision at the end of its term in late June or early July.

AACS Legislative Office

AACS Legislative Office

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