A nonprofit religious freedom organization is providing tools for parents to help them opt out of public-school LGBTQ+ instruction, curriculum and materials after the Supreme Court’s landmark ruling on Friday.
In Mahmoud v. Taylor, the Supreme Court ruled 6-3 that a Maryland school board’s introduction of “LGBTQ+-inclusive” books and curriculum “combined with its no-opt-out policy, burdens the parents’ right to the free exercise of religion.”
The school board previously allowed for an opt-out policy but reversed it, arguing it was too difficult to manage, The Center Square reported.
Because the school board refused to allow an opt-out option, the court held that if it didn’t issue an injunction to halt the school district’s policy, parents would be forced to keep making the same choice. They would be forced to “either risk their child’s exposure to burdensome instruction, or pay substantial sums for alternative educational services,” the ruling states. “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.’”
The court majority said that “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.”
It also emphasized that parental rights and religious freedom were protected by the Constitution, arguing, “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 the Constitution.”
In response, California-based Advocates for Faith & Freedom, which has been embroiled in lawsuits over parental rights and religious freedom for years, created a free, legal opt-out form for parents to use nationwide.
The form is customizable, allowing parents to “request that their child be exempt from exposure to any instruction or materials on gender identity, sexual orientation, or other related topics contrary to their faith,” it says. This includes opting out of “instruction, curriculum, or discussions related to gender identity, gender theory, sexual orientation, or any LGBTQ+-themed materials that conflict with their religious beliefs,” it says.
“Today’s decision is a victory for religious freedom and the rights of parents. A parent should be treated by a school as a respected partner, not as someone to ignore or alienate from his/her own child’s education,” Advocates for Faith & Freedom president and chief counsel Robert Tyler said. “The Supreme Court’s opinion sends a two-part message to schools across the country: 1) sincere religious beliefs cannot be ignored and 2) a parent has every right to know what is going on with his/her child at school.”
The letter also includes affirmations of what the parents and family believe, including that biological sex is immutable, defined by God, and “it is sinful and harmful to teach children that a person can change their biological sex and gender.”
The letter defines what the it considers objectional materials and clarifies that no one at a child’s school, including employees and third parties, are allowed “to introduce, expose, teach or discuss [with the child] any book or curriculum that contains ‘objectional materials.’”
It notes that parents have a First Amendment right to hold their religious beliefs and educate their children and anyone at the school who violates it and the Supreme Court injunction will face legal consequences.
“For too long, public schools have treated parental rights and the free exercise of religion as an ‘empty promise,’” Advocates for Faith & Freedom said.
It also notes that the ruling “does not mark the end of the issue” and that parents should expect potentially ongoing challenges to their First Amendment rights.
“Public schools can be expected to try to limit the Supreme Court’s holding and will find new ways to assert its power and to indoctrinate children,” it said, adding that it remained committed to preserving the rights of parents, children and families.
