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PaperclipPerfector  8d ago (text post)   30584 thread views

Culture War Roundup for the week of April 21, 2025

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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:

  • In 2022 Montgomery County, a suburb of DC, approved a number of LGBTQ books for the curriculum. They include these books and other materials from ages as early as 3-4 and up.
  • A bunch of parents cite religious reasons to opt-out of this part of the curriculum. This is in line with Montgomery's historical policy and the policy of neighboring counties. Opt-outs for religious reasons are normal for things like sex education and health classes that include it around the country.
  • Depending who you believe, so many parents chose to opt-out that the district had no choice but to change policy, or the district was so ideologically wedded to the material that they changed the policy. Either way, the county says no more opt-outs. Lawsuit commences. It goes up the chain and here we are.

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:

For example, one book tasks three- and four-year-olds to search for images from a word list that includes “intersex flag,” “drag queen,” “underwear,” “leather,” and the name of a celebrated LGBTQ activist and sex worker.

Another book advocates a child-knows-best approach to gender transitioning, telling students that a decision to transition doesn’t have to “make sense.”

Teachers are instructed to say doctors only “guess” when identifying a newborn’s sex anyway

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: That's right. Hundreds of parents complained. These were mostly according to news articles mostly families from Muslim faith and Ethiopian Orthodox who were objecting.

B: When they-- when they spoke to the Board, the Board accused them of using their religious beliefs as another reason to hate, accused a young Muslim girl of parroting her parents' dogma, and then accused the parents of aligning with racist xenophobes and white supremacists.

B: And so, again, there's no question in this case that there is a burden, that it was imposed with animosity, and that it's discriminating against our clients because of their religious beliefs.

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.

ACB: .....What is your take on that and how we think about this, whether this really is just about exposure and civility and learning to function in a multi-cultural and diverse society and how much of it is about influence or as Petitioners would say indoctrination?

Schoenfeld: .....The school the express directive from the school is you don't need to understand your peers, you don't need to agree with them, you don't need to affirm with them, but you do need to treat them with respect.

Thots and Q's:

  • Is it necessary to introduce concepts that include queer and gender ideology to children in public school? Why, why not? At what age would the introduction be appropriate or inappropriate?

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.

  • A competent school district should account for the addition of new, potentially controversial or sensitive material.

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.

  • It may be worth pointing out that coverage from outlets like NPR didn't include the name of the case or a description of the plaintiffs that brought it.

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.

It's a curious problem I think. I am against most of that stuff being taught in school but the whole "teach the controversy" thing must have some limits. What would my enemies do with this veto? I'm not so sure the opt out is the correct thing to demand, the battlefield should surely be the curriculum itself.

Yes, an opt-out liter just cedes the territory to the attackers, and you know they won't honour it the second they get the power. That's why my response was ignoring the sophistry at court and asking "how did we get to this point, and how do we stop it happening again?"

All the viable solutions are outside of the law and politics.

Edit: Awesome, I make a neutral post in line with the choices I've lived and personally spoken of repeatedly. But someone fedposts near it after the fact, so now I look sus and eat a ban. This place is a fucking joke. "Well, he didn't say it, but next to this thing someone else said later, maybe he's thinking it."

Oh, great.

I just gave Capital a slap on the wrist for his near-identical response. For consistency’s sake, you can have one, too.

  • -10

Is there a way to express that some issues may not have satisfactory political solutions without being modded for fedposting?

Rdrama mocks us for words, words, words, but it do be like that though, and it's a good thing.

Explain why a political solution won't work, explain what might work instead, try to keep a relatively morally neutral tone. It's not that hard, you can literally boogaloopost if you put enough effort.

You belive that had @Capital_Room explained his literal bullet solution or @WhiningCoil his outside the law and politics solution in a morally neutral tone they'd be grand?

Maybe one of them will edit their posts with your suggestions.

Yes, I've seen it done, and I've seen prominent posters (who used to be mods) clutching their pearls over it, and leaving in a huff about it, and no disciplinary action being taken.

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