Do schools have the power to force students to participate in instruction on gender and sexuality against their parents' religious beliefs?
That's the question U.S. Rep. Robert Aderholt (R-Haleyville) is putting before the U.S. Supreme Court in hopes of settling the issue in favor of parental rights and religious freedom.
Aderholt recently led an effort along with U.S. Sen. Bill Cassidy (R-La.) to file an amicus brief in the case of Mahmoud v. Taylor.
The 33-page brief begins with the question:
Do public schools burden parents’ religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parents’ religious convictions and without notice or opportunity to opt out?
In 2022, the Montgomery County School Board and Maryland district court ruled against parents concerned about 20 new books related to "inclusivity" curriculum being introduced for grades pre-K through eight.
"These books pushed pronoun preferences, pride parades, and gender transitioning for kids as young as three," according to the brief.
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Parents were initially told their children could opt out of the curriculum. However, the Board later said the instruction would not be optional, adding, "To say that these books 'offend your religious rights or your family values or your core beliefs is just telling [your] kid,' [H] ere's another reason to hate another person,'" the brief stated.
The Fourth Circuit upheld the district court's ruling. Now, parents are asking SCOTUS to reverse the decision on First Amendment grounds.
"Parents have a fundamental right to direct the upbringing and education of their children," Aderholt said. "That includes ensuring that their children are not subjected to teachings that violate their family's deeply held religious beliefs. The government should never stand between parents and their children when it comes to education, and this amicus brief makes that clear."
A large coalition of Republican lawmakers, including U.S. Sen. Tommy Tuberville (R-Auburn) and U.S. Rep. Gary Palmer (R-Hoover), have also joined the brief.
"Our kids go to school to be educated, not indoctrinated," Tuberville said. "Sadly, there are bad actors that have used their educational platform to push their own perverse ideology. Young people are the most precious commodity we have in this country, and we must protect them at all costs. We need to create greater transparency in our education system to empower parents and protect our kids. I'm proud to join Senator Cassidy and Congressman Aderholt in this amicus brief and will continue fighting for parents' right to know what is going on in their child's classroom."
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