The nation's high court appears to be leaning in favor of some parents from the state of Maryland who are asking for a change in some of the materials taught to their kids.
The Tuesday hearing before the Supreme Court seemed to show the majority of conservative judges offering questions that supported the parents who object to books with gay and transgender characters for primary school kids, as Breitbart News reported.
The 2½-hour oral argument centered around the parents' religious beliefs. Given that the conservative justices are in favor of religious liberty, the parents' case against the Montgomery County Board of Education was strong.
The parents are not requesting that the materials not be present in their children's school, just that they have an opt-out option for those whose religious beliefs preclude the materials' morals.
Some justices expressed concern that the board's refusal to provide an opt-out was due to religious bias.
A debate has been ongoing in Montgomery County, English language arts textbooks, since 2022, when the school board in the diverse region outside of Washington requested additional LGBTQ storybooks to more accurately represent its residents.
Muslims and Orthodox Christians objected to the content on religious grounds, citing the First Amendment, contending that their children should have the right to opt out.
Justice Neil Gorsuch, one of the more conservative members of the bench, was one of several who offered his concern about statements about the school board in question.
The school representative stated in a media interview that a student who objected to the books was "parroting dogma" from her parents, as per court documents.
She also compared their complaints to those of white supremacists who opposed civil rights laws.
“Does that suggest a hostility toward religion?” Gorsuch asked in his questioning, harkening back to a 2018 ruling in which the court ruled in favor of JackPhillips, a Christian baker who refused to make a wedding cake to celebrate a gay couple.
Several conservative justices seemed surprised by the school board's decision to make providing an opt-out too difficult for most parents to effectively do for their children, as well as the wisdom of the curriculum at all.
“Why isn’t that feasible?” Justice Samuel Alito asked.
Similarly, Justice Brett Kavanaugh questioned, “I’m not understanding why it’s not feasible."
Although the school board maintained that the policy did not mandate that students affirm or support the books' content, Chief Justice John Roberts appeared doubtful: "Is that a realistic concept when you are talking about a 5-year-old?" he asked.
