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In lieu of the normal SCOTUS Mottezins... wake up, honey, the Culture War went to court again. Arguments for Mahmoud v. Taylor just dropped (PDF). A less oppressive SCOTUSblog write up here.
Obligatory disclaimer that I do not know anything. The gist of the case:
I know we have some skeptics of "woke" curriculum, so for a probably not unbiased overview of the material, BECKET, the religious freedom legal advocacy non-profit backing the plaintiffs, provides examples in an X thread. They also provide a dropbox link to some of the material in question. In one tweet they claim:
The Justices had read the books in question. Kavanaugh acknowledged Schoenfeld, representing Montgomery County, had "a tough case to argue".
The county asserted that mandatory exposure to material, like a teacher reading a book out loud, is not coercion (or a burden?) that violates a free exercise of religion. Sotomayor seemed to support this position. Schoenfeld, arguing for Montgomery County, said these books that are part of a curriculum that preach uncontroversial values like civility and inclusivity. Alito, skeptical, said Uncle Bobby's Wedding had a clear moral message beyond civility or inclusivity.
The liberal justices were interested in clarification on what Baxter, arguing for the parents, thought the limits were to. What limits are placed on parents with regards to religious opt-outs? Kagan was worried about the opening of the floodgates. Sotomayor drew a line to parental objection to 'biographical material about women who have been recognized for achievements outside of their home' and asked if the opt-out should extend to material on stuff like inter-faith marriage. Baxter didn't give well-defined lines, but said nah, we figured this out.
Sincerity of belief is one requirement for compelled opt-outs. The belief can't be "philosophical" or "political" it has to a sincere religious belief. Age was discussed as another consideration. Material that may offend religious belief to (the parents of?) a 16 year old does not apply the same sort of burden as it does to a 5 year old, because a 16 year old is more capable of being "merely exposed" rather than "indoctrinated". A word Eric Baxter, arguing for the parents, used several times and Justice Barrett used twice.
Eric Baxter also stabbed at the district's position that there was ever an administrative issue at all. Chief Justice Roberts agreed and seemed to question whether the school's actions were pretext. Baxter had one exchange (pg. 40-42 pdf) with Kavanaugh who, "mystified as a life-long resident of the county [as to] how it came to this", asked for background.
Baxter also pointed at ongoing opt-out polices in neighboring counties and different ones in Montgomery itself. He clarified the relevance of Wisconsin v. Yoder where it was found strict scrutiny should be applied to protect religious freedom. One example of an ongoing opt-out policy in Montgomery allowed parents to opt their children out of material that showed the prophet Mohammed.
Thots and Q's:
The eternal fight over what the state uses to fill children's minds in a land of compulsory attendance is main conflict, even if this legal question is one of what a compromise should look given religious freedoms.
It can do so in a few different ways and avoid a trip to SCOTUS. I support preaching civility and inclusivity to children. There are thousands children's books that preach these things without drag queens or bondage. In an ideal world, knowledge of and tolerance for queer people can also be taught without, what I would call, the excess. Schools can also program curriculum to account for opt-outs when it comes to touchy subjects.
Sex education can be crammed into 1 hour classes for a week of the year. This allows parents to opt-out without placing an unmanageable burden on the administration. A curriculum that requires teachers to read a number of controversial book at least 5 times each a year is a curriculum designed to, intentionally or not, make opt-outs onerous. In this case it was so onerous and so controversial that Montgomery was compelled to change the policy. Which is an administrative failure even if one doesn't believe it to be ideologically motivated.
I've seen it argued both ways. That outlets notoriously don't link cases or share case names, but in this case the plaintiffs -- a mixture of Muslim, Christian, Jewish parents -- the absence is notable. Were this an evangelical push we could expect some evangelical bashing.
I know I harp on this, but it's yet another one of those cases where everyone explicitly promised we wouldn't end up here. Or rather, relentlessly mocked anyone who suggested this would happen. Like, "leather fetish stuff in kindergarten" was the literal parody of "conservative hysteria" the left made fun of for years.
Forget the legal arguments, because this never should have been allowed to get this far in the first place. What could have been done differently? What can be done differently against the next batch of "nobody's trying to take your X/do X with your kids" tactics? Because all the tactics that everyone tried the last ten times failed miserably.
The left has won for a century pushing things that nobody wanted (even themselves in the beginning!), because they've discovered an entire strategy based around an ideological vanguard pushing insane things on the masses. A strategy which has taken on a life of its own and now exists only to replicate itself like cancer, with no regard to the plans or interests of its creators. Because ultimately, those creators are just a malleable as the proles their "strategies of intervention" were designed to control.
Like an end to segregation? The pro-segregationists oft spoke of outside agitators.
This is a very mid-wit argument that is as specious as it is ever present.
"Without the Left women and minorities wouldn't be able to vote!"
Nonsense. This is a view of history as inherently progressive; you have good guys and bad guys and all of the bad guys will eventually lose if we just Resist hard enough. It's the fever dream of sophomore PoliSci students and ACLU lawyers alike.
Segregation and black enfranchisement itself were very non-linear and more a product of reform and reactionary ebbs and flows. People often forget that we had a black senator from Mississippi in the 1970s for instance. And that link shows the plethora of other black elected official holders before 1900.
The failure of Reconstruction was that it was, in fact, so radical as to provoke a counter-reaction that may have been stronger than what would normally occur. You then get Jim Crow and the Solid South for another few generations.
But that doesn't fit into the neat narrative of "Slavery Awful --> Lincoln --> Emancipation --> Oh no, KKK! ---> Rosa Parks, MLK ---> 1964 --> We're equal now! --> Oh wait, George Floyd, let's pretend it's 1964 again"
Do a deep dive into the better conservative (small c) thinkers; James Burnham and Willmoore Kendall. You'll see that one of the tenants of conservative thought is that it's totally fine for people to think whatever they want so long as the political system cannot be co-opted by the Small But Loud to coerce the Many But Disinterested to abandon their beliefs - as "ugly" as they might be. Democracy is a process and a system - never an "outcome" generator.
From, The Conservative Affirmation by Kendall:
I know that, of course, all of us enlightened folk, if we were living in Alabama in 1955, would've definitely been on the "right side of history" and bravely advocated for desegregation. I mean, like, how could you not?
Because you (in Alabama in 1955) didn't really have a passionate attachment to the issue. It was simply the way things are. You're mostly interested in paying your mortgage and raising your kids. But, all of a sudden, your kids' teachers start telling them about their inherited culpability for slavery and you go, "Hey, what the fuck?" and now ... you're involved.
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I can think of at least one significant difference between segregation and, for example, the chemical castration of minors. The historical analogy I'd go with instead would be the Tuskegee Syphilis Study.
It is kind of wild what the modern progressive will believe if you frame it as a civil rights issue. The response is almost Pavlovian.
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Rootless cosmopolitan globalist outside agitators?
How are things in South Africa since they ended segregation?
At least in Zimbabwe, black Zimbabweans now have fewer political rights and less economic prosperity than they did when it was Rhodesia. A real win for decolonization!
I'm sure black South Africans will soon enough experience these benefits of decolonization too.
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Better than the counterfactual scenerio for the black residents, worse than the counterfactual scenerio for the white residents?
I'm not even sure the former is true. Being a second class citizen is awful. But it's up in the air if dying of bandit inflicted wounds because your hospital has no electricity is better or worse.
Live free or die I suppose.
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