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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.
What is the difference between a sincere belief derived from a religious framework vs a sincere belief derived from a philosophical one and why is religion given more weight in this regard? If i said that I believe in the supremacy of the biological imperative, and that queer doctrine is blasphemous in this regard, is this considered to be philosophical and therefore unreasonable? What if I said I sincerely believe that the imperative is a facet of God's will? Has my belief now become acceptable in the court's eyes now that I've rhetorically laundered it?
Because when the foundation of the relevant rules were written (ie, the Constitution), there was less of a distinction drawn between those categories and approximately everyone was religious. I'll even count Jefferson despite him being (probably? there's better historians than I around here to correct me) the least religious Founder.
There are times that they're given roughly equal weight, like conscientious objection, but even then having a religious framework makes your argument easier because it provides evidence beyond your own biases and desires.
Am I the only one that wants to go back in time with a tablet, and show the American founders a few videos?
I want to do the opposite; go back to the Philadelphia Convention, offer to take a handful of delegates to the future, let them stay for one year, then send them back to tell their fellows about how their ideas play out.
Which year? Do you think they would interpret Nixon's resignation as checks and balances succeeding or failing?
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I'm frankly quite unsure what the effect of "we will create the most powerful empire in the history of man and it will engender sin on scales previously unheard of" would wreak on the XVIIIth century colonial psyche.
They were all romaboos so maybe they'd understand it in that way? But then again it plays into Christian eschatology to an almost frightening degree, and being the progenitors of the Whore of Babylon as hardcore protestants is unsettling to say the least.
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I'd tag along on the trip, would be quite Enlightening I'm sure.
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