The issue at hand in the case, Mahmoud v. Taylor, is whether parents have a right to be informed about and to then opt their children out of reading books in elementary schools that conflict with their faith. (Becket/Getty Images)
"Our case is not a book ban case," Stanberry emphasized.
"We're not saying that these books can't be on the shelves. We're saying we want to be out of the class," Stanberry continued. "And we're also not saying that teachers can't teach this material."
A coalition of Jewish, Christian and Muslim parents with elementary school children in Montgomery County Public Schools in Maryland brought suit against the school board after it introduced new LGBTQ books into the curriculum as part of the district's "inclusivity" initiative. The curriculum change came after the state of Maryland enacted regulations seeking to promote "educational equity," according to the petitioner's brief filed with the high court.
The school board introduced books that featured transgender and non-binary characters and storylines, according to the brief.
The parents' coalition stated in its brief that the Board "initially honored parental opt-outs in accordance with its own Guidelines and Maryland law" after parents raised concerns over the new curriculum. After the board issued a public statement in line with this stance, the petitioners stated that the board "reversed course" without prior notice.
"Without explanation, it announced that beginning with the 2023-2024 school year, ‘[s]tudents and families may not choose to opt out’ and will not be informed when ‘books are read,’" the brief reads.
SCOTUS RULINGS THIS TERM COULD STRENGTHEN RELIGIOUS RIGHTS PROTECTIONS, EXPERT SAYS
The case comes at a time when President Donald Trump and his administration have prioritized educational and DEI-related reform upon starting his second term. (Getty Images)
Despite the lower court proceedings, Stanberry shared they are "hopeful and excited" as the high court considers the case.
"We think this court will really consider the case," Stanberry said ahead of Tuesday's arguments. "Obviously, I don't have a crystal ball. I can't predict how it's going to come out, but we're feeling good going into it."
In a statement to Fox News Digital, the school board said its policy "is grounded in our commitment to provide an appropriate classroom environment for all of our students," saying the board believes "a curriculum that fosters respect for people of different backgrounds does not burden the free exercise of religion."
"Based on established law, as discussed in our brief and by our counsel at today’s argument, we believe the Supreme Court can and should affirm the lower courts’ rulings," Liliana López, Public Information Officer for the public schools, said. "Regardless of the outcome, we are grateful for the opportunity to have our case heard by the highest court in the land. We await the Court's decision."
The case comes at a time when President Donald Trump and his administration have prioritized educational and DEI-related reform upon starting his second term. The Supreme Court has notably also heard oral arguments this past term in other religious liberty and gender-related suits.
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"I think that this case could be seen as people of faith coming forward and saying, 'Hey, we want to be accommodated in this pluralistic society. So, I think it's coming at an opportune moment," Stanberry said.
The Supreme Court agreed to hear the case in mid-January during its 2024-2025 term.
Fox News' Bill Mears, Shannon Bream, and Kristine Parks contributed to this report.
Haley Chi-Sing is a politics writer for Fox News Digital. You can reach her at @haleychising on X.
https://www.foxnews.com/politics/let-us-parents-supreme-court-should-let-parents-opt-kids-out-lgbtq-school-lessons-lawyer-argues