Three Important Cases for Parental Rights, Supreme Court Rulings Expected Soon
With about one month left in the United States Supreme Court’s term, three critically important cases for parents still await a ruling. The three cases involve protecting children from pornography, permitting an opt-out from LGBT materials in classrooms and a ban on “transgender” mutilation of minors. Here’s what you need to know.
Opting Out of LGBT Classroom Material
In Mahmoud v. Taylor, a group of Muslim, Jewish and Christian parents in Maryland are asking to opt their children out of public school mandated LGBT materials. The parents argue that the curriculum is in conflict with their religious teachings on gender and sexuality, and therefore, without an opt-out provision, it infringes on their First Amendment rights to free exercise of religion.
The question presented to the Court is whether the public schools violate the religious freedom of parents by requiring LGBT materials in the curriculum without providing an opt-out.
Both lower courts ruled against the parents holding that exposure to differing viewpoints in public education is not a violation of religious freedom.
As reported by the Daily Citizen, the Supreme Court heard oral arguments on the case in April and appeared to be leaning towards requiring opt-outs which would set precedent for broader religious exemptions and expand parental rights in public schools.
You can read the court transcript here.
Banning Transgender Mutilation of Minors
United States v. Skrmetti, involves a Tennessee law protecting minors from experimental, damaging trans medical interventions like opposite-sex hormones and surgery.
The ACLU and LGBT activist groups filed a lawsuit against the law claiming it violates the Equal Protection Clause of the Fourteenth Amendment of the Constitution because it discriminates on the basis of sex.
The state of Tennessee contended that it was trying to protect children from transgender experimentation on kids.
After an initial injunction, the district court and the U.S. Court of Appeals for the Sixth Circuit upheld the state law.
Oral arguments were held in December, and at the time, court watchers predicted oral arguments suggested the Court “appeared ready to uphold” the ban.
You can read the oral arguments transcript here.
Prohibiting Access of Minors to Pornography
Finally, in Free Speech Coalition v. Paxton a Texas state law requiring pornographic websites to use an age-verification system to protect kids from accessing porn is being challenged.
The porn industry filed a lawsuit against the state arguing the added requirements violate the First Amendment rights of adults by creating undue burdens on lawful adult speech and infringing on the privacy of users.
The state argued that it was trying to protect minors from harmful, explicit material and could do so in a way that still protects the privacy of adult users.
The lower courts issued contrasting rulings in this case. The district court ruled against the state law and granted a preliminary injunction. The Fifth Circuit Court of Appeals issued a mixed ruling – upholding the age verification requirement but struck down a health warning provision as compelled speech.
The Supreme Court heard oral arguments on January 15 and appeared divided on the constitutional question.
You can read the court transcript here.
Expected Rulings
The Court is slated to meet through the end of June and could possibly go into July. The next date on which the Court will release opinions is this Thursday, June 5. Generally speaking, the Supreme Court releases it’s more controversial opinions at the end of the term, so it’s likely we won’t get an opinion on these three cases until the end of the month.
Daily Citizen will keep you informed as the Supreme Court issues rulings in these cases.
Image from Getty.
