Writing for Education Week, Johann Neem offers a particularly dark take on the Mahmoud decision that affirmed parental right to opt a child out of any element of school to which they have religious objections.
The U.S. Supreme Court sided with the parents. The court’s majority opinion concluded that exposing students to progressive ideas about marriage and gender placed an unconstitutional burden on parents’ religious liberties. Writing for the court’s six conservative justices, Justice Samuel A. Alito Jr. argued that the determining precedent is Wisconsin v. Yoder (1972), in which the court decided that a law mandating all children attend high school violated the religious liberties of the Amish community.
The majority determined that Yoder, far from an isolated case concerning a discrete community, is a general precedent applicable to all parents. In other words, all parents are Amish now, with the right to require the public schools to protect their children from curricula that burdens their capacity to raise their children according to their faith.
What, then, constitutes a burden on religious freedom? The court first disputed the school board’s claim to be merely exposing students, arguing that the record showed that the school board’s goal was to teach students to support same-sex marriage and gender fluidity.
If the court had stopped there, that would have been one thing, but Alito makes an additional move, arguing that even exposure to ideas that go against parents’ faith could be unconstitutional. The issue is not whether public schools coerce students’ beliefs but whether introducing an idea might undermine parents’ religious freedom. “We reject this chilling vision of the power of the state to strip away the critical right of parents to guide the religious development of their children,” Alito wrote.
In her dissent, signed by the three liberal justices, Justice Sonia Sotomayor responds that the court’s majority decision is untenable. “Given the great diversity of religious beliefs in this country,” she writes, “countless interactions that occur every day in public schools might expose children to messages that conflict with a parent’s religious beliefs.”
Sotomayor predicts the result of the decision will be “chaos for this Nation’s public schools.” “Never, in the context of public schools or elsewhere, has this Court held that mere exposure to concepts inconsistent with one’s religious beliefs could give rise to a First Amendment claim.” Ultimately, Sotomayor concludes, “to presume public schools must be free of all such exposure is to presume public schools out of existence.”