A legal defense group has asked the U.S. Supreme Court to step into a dispute over a Maryland school district’s policy regarding student pronouns and parental notification. The Liberty Justice Center, acting through its PARENTS Initiative, filed an amicus brief in Polk v. Montgomery County Public Schools, asking the high court to review a lower court ruling that upheld rules requiring teachers to use a student’s preferred name and pronouns—even if different from their biological sex—while withholding that information from parents.
Background of the Case
The case originated when substitute teacher Kimberly Polk objected to the Montgomery County Public Schools policy, arguing that complying with it violated her religious convictions. The U.S. Court of Appeals for the Fourth Circuit ruled against Polk, finding that the district’s directives did not violate her First Amendment rights to free speech or the free exercise of religion.
In its brief, the Liberty Justice Center argues that the Fourth Circuit’s ruling conflicts with established Supreme Court precedents and creates a split among federal appeals courts. The brief challenges the Fourth Circuit’s decision to classify the district policy as religiously “neutral.” Under Supreme Court doctrine, government policies lose neutrality if they operate with hostility toward religious exercise.
The group contends the appellate court improperly required proof of intentional discrimination, placing an unfair burden on employees harmed by the rule. Additionally, the organization argues that school districts cannot compel teacher speech to enforce policies that exclude parents. Supreme Court precedent has long recognized that parents, rather than school officials, hold primary authority over their children’s care and upbringing.
“Public schools cannot force teachers to choose between their faith and their profession, nor can they require teachers to participate in policies that cut parents out of critical decisions about their own children,” said Timothy R. Snowball, Senior Counsel at the Liberty Justice Center. “We urge the Supreme Court to take this case and reaffirm that the First Amendment protects teachers from compelled speech and religious discrimination, and that parents retain the right to direct the upbringing and care of their children.”
Original reporting: Tampa Free Press — read the source article.