New Supreme Court case could force “Don’t Say Gay” laws on every school nationwide

The Supreme Court as composed June 30, 2022 to present.
Photo: Wikimedia Commons

A case brought by Christian and Muslim parents, who objected to a Maryland school district’s decision to approve books with LGBTQ+ themes for classroom use, has landed at the U.S. Supreme Court. A decision in the parents’ favor could impose “Don’t Say Gay” requirements on every school in the country, Vox reports.

The plaintiffs in Mahmoud v. Taylor — represented by the Becket Fund, a legal group with a history of “religious freedom” advocacy for conservative Catholic causes — are asking the high court for notification from schools if their children are about to be taught from certain books that they claim contain LGBTQ+ themes. The plaintiffs also want the opportunity to opt their children out of the lessons.

If granted, the relief would impose a nearly impossible burden on teachers to anticipate every instance of discussion of LGBTQ+ themes in their classrooms, notify parents when they do, and allow students to “opt out” of class for the duration of the conversation.

The justices’ decision to weigh in on the case — which hadn’t made its way through the lower courts and still contains factual disputes — is in keeping with the conservative wing’s proactive approach to religious freedom issues.

After Justice Amy Coney Barrett’s confirmation gave conservatives a 6-3 majority on the court, five justices handed religious freedom advocates a victory in…

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