(WASHINGTON)— The Supreme Court ruling today mandating “opt outs” for children whose parents object to LGBTQ+-relevant picture books in public schools deals a “deeply disappointing” blow to the right to read under the First Amendment, PEN America said. The free expression and writers group called the landmark decision a “betrayal” of public education that will likely accelerate book bans.
Responding to the Court’s 6-3 decision in Mahmoud v Taylor, Elly Brinkley, staff attorney for U.S. Free Expression Programs, said: “This ruling is a deeply disappointing blow to the right to read under the First Amendment. It is a fundamental betrayal of public schools’ duty to prepare students to live in a diverse and pluralistic society. By allowing parents to pull their children out of classrooms when they object to particular content, the justices are laying the foundation for a new frontier in the assault on books of all kinds in schools. In practice, opt outs for religious objections will chill what is taught in schools and usher in a more narrow orthodoxy as fear of offending any ideology or sensibility takes hold. Opt outs required under the broad ruling of the court are unworkable and will potentially lead schools to sweep out all kinds of books to avoid the challenge altogether. LGBTQ+-themed books have already been the main casualties among the 16,000 books banned since 2021. This will exacerbate that devastating trend.”
Brinkley stated: “The Court’s conservative majority failed to even consider the fundamental free speech principles also at issue here, instead handing down a ruling that could have a broad chilling effect and open the door to censorship and discrimination. This risks significant harm for millions of children who may no longer see themselves or their families reflected in stories read in classrooms, while others will be denied the chance to build understanding and empathy for those different from themselves. The decision will allow any parents to object to any subject, with the potential to sow chaos in schools, and impact students, parents, educators, authors, and publishers. With rising polarization, xenophobia, and the targeting of vulnerable populations, we need schools that open students’ minds, not betray education by closing them off from the real world.
“Just after the 10th anniversary of Obergefell v. Hodges and as we celebrate Pride Month, the Supreme Court has delivered a devastating blow to the dignity of LGBTQ+ people and families. This ruling means that parents can opt their children out of any classroom activity that acknowledges same-sex marriages, the right to which this very court held was guaranteed by the Constitution.”
In April, PEN America filed an amicus brief in Mahmoud v. Taylor, arguing the case was as much about free speech as religious freedom. The brief, drafted by the Davis Wright Tremaine law firm, argued that the court should view the parents’ lawsuit in the context of the broader movement to advance extreme conservative viewpoints dictating what is appropriate and allowable in schools.
Below are opinion articles by three of the nine authors whose children’s picture books were challenged in the case:
Supreme Court Case on LGBTQ+ Storybooks Raises Questions for All Parents
My Book Is Now at the Center of a Supreme Court Case
Our Books Help Teach LGBTQ Themes in Schools. Should SCOTUS Allow Parents to Opt Out?
About PEN America
PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Learn more at pen.org.
Contact: Suzanne Trimel, [email protected], (201) 247-5057