Parental rights case asks Supreme Court for review

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(The Center Square) – The Liberty Justice Center filed an amicus brief asking the U.S. Supreme Court to review a case challenging a Maryland public school district's policy that requires teachers to use students’ preferred pronouns, claiming that the policy violates the constitutional rights of teachers and parents.

The Liberty Justice Center filed the amicus brief supporting the petition after the U.S. Court of Appeals for the 4th Circuit upheld the policy in Polk v. Montgomery County Public Schools.

The school district’s policy requires staff to use students’ requested names and pronouns, including those that differ from a student's biological sex, and not to disclose that information to parents on confidentiality grounds, unless formally requested. 

“That arrangement does not merely accommodate student preferences, it supplants parental authority," the brief stated.

The case centers on a substitute teacher, Kimberly Polk, who objected to the policy on religious grounds. Back in February, the 4th Circuit ruled that the policy did not violate Polk's rights to free speech or the free exercise of religion.

The Center Square reached out to the attorneys at The Liberty Justice Center, but they were unavailable to comment at the time of publication. 

The Liberty Justice Center believes public schools should not require teachers to act in ways that conflict with their religious beliefs or participate in policies that exclude parents from important decisions involving their children, Timothy Snowball, senior counsel at the Liberty Justice Center, said in a statement. 

The Petition “presents an ideal vehicle to address whether policymakers have the ability to suppress religious expressions and practices under the guise of facially neutral policies, provided they are diligent in concealing their true motivations,” the brief stated. 

This case also pointed to the outcome of Mirabelli v. Bonta, a case at the beginning of this year that involved parents and educators challenging a California policy that allowed public schools to withhold information from parents about a student's gender identity. 

After an emergency application was sent to SCOTUS, the Supreme Court ruled that parents are likely to succeed on their constitutional claims and held that the district policies likely violated the First and 14th Amendments.

The amicus brief cites this case as another reason why parents should not be excluded from important mental health decisions for their children. 

The Center Square reached out to Montgomery County Public Schools, but the district said it could not comment at this time under pending litigation.