U.S. Rep. Robert Aderholt, R-Ala., and 65 Republican colleagues filed an amicus brief in the case of Mahmoud v. Taylor, a case determining whether public schools burden parents’ religious exercise when they construct elementary school children on gender and sexuality against their parents’ religious convictions.
“The overriding question here is whether that ‘enduring American tradition’ yields when a parent participates in public schooling. Or, in other words, may the State condition a child’s participation in public schooling on the child’s parents’ ceding to the government the right to indoctrinate the child on contested moral and religious issues—even when such teaching violates the parents’ moral and religious commitments,” the brief reads.
Aderholt led the effort, signed by U.S. Sen. Tommy Tuberville, R-Ala., and U.S. Rep. Gary Palmer, R-Ala., citing concerns about “government overreach” and “forced ideological instruction.”
“Parents have a fundamental right to direct the upbringing and education of their children. 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,” said Aderholt.
The case stems from a 2022 decision by the Montgomery County School Board and a Maryland district court, which ruled against parents who objected to 20 new books introduced in the inclusivity curriculum for pre-K through eighth grade. These books, according to the brief, promote “pronoun preferences, pride parades, and gender transitioning for kids as young as three.”
The Fourth Circuit Court upheld the lower court’s ruling, stating that there was no evidence to support coercion.
“Put simply, we cannot conclude that a policy requiring the presence of an individual in the classroom when these materials may be read ipso facto creates an impermissibly coercive environment. More specific information about the implementation of the Storybooks would be required to establish a cognizable burden that would shift the analysis to what level of scrutiny applies and whether the Board’s decision can withstand that review,” the opinion reads.
Parents are now appealing to the Supreme Court on First Amendment grounds.
“To ensure that religious liberty does not become a second-class right in our Nation’s public schools, this Court should reverse the Fourth Circuit’s decision,” the brief reads.
