Marcia Coyle:
Well, if they rule in favor of the parents, certainly, you’re going to see more opt-outs in situations like this.
Now, opt-outs are fairly common in high schools for certain reasons. You see them in — most often in health classes involving sex education, obviously. But as Justice Kagan pointed out, you might also see opt-outs requested for the teaching of evolution in biology and other reasons.
But, still, you may see more opt-outs on the basis of religious beliefs. For the school boards too, though, it could be — if they lose, it could be an administrative nightmare. They say these books are part of the English language curriculum. It’s not a single unit like sex education in a health class.
So having kids moving in or out, trying to arrange when that happens, alternative education plans, could really create problems for schools. And Justice Jackson also pointed out that, if the parents win, she worries that local control of education is eroded, and you’re going to find judges then deciding what books can be used — what kind of books burden religion.
And she didn’t think that — obviously think that was the right role for judges.
