The date June 27 marked the end of the United States Supreme Court’s docket term, meaning multiple precedent-making decisions were issued all at once on that Friday. The Supreme Court handed down legal victories to President Donald Trump and conservatives across the country on a myriad of issues, one of which involves LGBTQ+ curriculum in public schools.
In a divided 6-3 vote along ideological lines, the court ruled school systems were required to allow parents to opt their children out of classes with material “contradicting” their religious beliefs. This would allow for students to be excused from lessons involving LGBTQ+ history and stories.
In the majority opinion, Justice Samuel Alito sided with the parents who objected to the school board’s use of “LGBTQ+-inclusive” storybooks and its refusal to allow opt-outs. He stated that the parents would be permitted to excuse their children from lessons involving the books while legal proceedings continue.
Alito noted that the parents have a strong chance of proving that the board’s actions placed an unconstitutional burden on their religious freedom. He argued the storybooks promote a “normative message” that separates gender identity from biological sex – something the parents say conflicts with their faith.
In a dissenting opinion, Justice Sonia Sotomayor, writing on behalf of the court’s liberal justices, criticized the majority for attempting to shield students from the diverse perspectives found in American society. She emphasized that public schools play a vital role in promoting civic engagement and multicultural understanding.
“Yet it will become a mere memory if children must be insulated from exposure to ideas and concepts that may conflict with their parents’ religious beliefs,” she wrote.
While many in conservative circles believe this to be a victory for “traditional values,” the reality is that students who are left out of these lessons will be less equipped to face the real world — one that includes the perspectives and culture of queer and gender-nonconforming people.
The Case’s Beginning
The case in question focused on the Montgomery County, Maryland, public school system – recognized as one of the most religiously diverse counties in the country with a student population of 160,000 from a wide range of faith backgrounds. A coalition of parents filed a lawsuit against the school board, requesting permission to exempt their elementary-aged children from lessons that featured reading materials with LGBTQ+ characters. The parents claimed that being denied the ability to opt out infringed on their First Amendment right to religious freedom.
The school board, supported by some parents, argued offering opt-out options was not practical. Initially, the district permitted parents to remove their children from certain lessons, but later eliminated that option, citing the growing difficulty of managing such requests and the resulting disruption to classroom instruction. The board explained, unlike sex education where single-lesson exemptions are straightforward, it’s far more complicated to remove students every time a story includes references to same-sex parents or LGBTQ+ characters.
However, the parents opposing the books argued the Supreme Court has consistently recognized the right of parents to guide their children’s moral and value-based upbringing. They continued to claim compelling children to engage with LGBTQ-inclusive materials – despite parental objections – infringes on families’ First Amendment rights to freely exercise their religion.
What Is the Impact?
It’s no secret schools are already often tasked with more than they can handle — in North Carolina, a majority of schools do not receive nearly the amount of funds needed to operate as it stands. With an additional requirement to have an “opt-out” program for students whose parents don’t want to expose them to LGBTQ+ culture, schools will have to invest time, funds and the manpower to go through each and every request.
North Carolina Public Schools are already experiencing a teacher shortage, with 7,141 vacancies. a shocking 19 percent increase since last year. With capacity already being strained, placing another job on the shoulders of educators will only hinder them from doing what our taxpayer dollars pay them to do: teach students to prepare them for the “real world.”
Aside from tolling on already strained education resources, the lack of a curriculum containing diverse perspectives sets students up for failure. There are LGBTQ+ people in almost every space a person exists in, from the library and grocery store to even the very halls these students walk down everyday. So long as there are human beings, there will always be LGBTQ+ and gender-nonconforming identities.
Inclusive curriculum has been proven to lead to increased student safety in schools. According to a study conducted by the California Safe Schools Coalition, 78 percent of students who learned about LGBTQ+ issues felt safer in schools compared to the 67 percent in schools who didn’t teach about such subject matter. The same survey revealed the rate of bullying went down at schools with inclusive curriculum — with only 22 percent of students saying they had been the victim of bullying, while 35 percent of students in non-LGBTQ+ inclusive schools said they experienced harassment or bullying.
Student success is dependent on many factors, including setting clear goals, developing effective study habits and fostering a positive learning environment. Lectures on the Stonewall Uprising and Obergefell v. Hodges are necessary to teach history. Learning about how William Shakespeare plays often featured men dressed as women is critical in understanding the culture around theater and the art of acting. Reading books such as Giovanni’s Room or The Picture of Dorian Gray in English class gives students a glimpse into how queer and gender-nonconforming folks were treated in the past. Learning about LGBTQ+ American activists such as Marsha P. Johnson, Pauli Murray and Harvey Milk gives students an example of people who stood tall in the face of adversity.
It’s simple: Opting your child out of LGBTQ+ related lessons won’t save them from the proverbial boogeyman that is queer identity. Rather, it deprives these students of the opportunity to learn more about the world they are expected to engage in. Ignoring or erasing entire perspectives goes against the very idea our Founding Fathers created this nation on — that all are created equal and are entitled to life, liberty and the pursuit of happiness.