Sonia Sotomayor Slams Attorney Who Claims Parents Do Not Sue Schools: ‘I Have A Whole List Of Cases’

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During the oral arguments for 'Mahmoud v. Taylor', Supreme Court Justice Sonia Sotomayor questioned an attorney about cases of parents suing schools over classroom content.

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00:00Well, just to be clear, under Yoder, the court left open what would happen if there were kids who objected.

00:05But we know that these things, you know, schools around the country already have these very broad opt-out policies

00:10across the curriculum in Hawaii for anything controversial, in Arizona for anything that parents find deem harmful.

00:15And we just don't find these kinds of cases or these kinds of burdens where parents are bringing extreme examples.

00:22You know, parents with kids really don't have a lot of time to be suing the school board, and they're looking for a reasonable compromise.

00:26I have a whole list of cases where parents have objected to biographical, I'm quoting,

00:34biographical material about women who have been recognized for achievements outside of their home,

00:41because some people believe women should not work.

00:44So, too, parents have objected to teachers reading books featuring divorce, interfaith marriage, or in modest dress.

00:53Forget about the evolution, because that's come, too.

00:55You've just said, are these all coercive?

01:01Well, again, whatever coercive means, they could create a burden.

01:07This court has defined burden very simply, that if someone is trying to exercise a sincere religious belief

01:12and the government is prohibiting or inhibiting their ability to exercise that, that creates a burden.

01:16If someone's prohibiting just looking at something that they object to, that that's burdening their religion?

01:25Again, we don't see these cases arise in reality.

01:28For reality's sake, you see interfaith couples all the time walking around.

01:33You see interracial couples walking around.

01:37You see women on this court in positions of work outside the home.

01:43And no one here is raising a burden in that situation.

01:46We're far beyond that word of indoctrination.

01:49But there are cases to that effect in schools.

01:52And those cases...

01:53Tell me where you're going to draw the line.

01:55Other than saying that if anyone objects to a book, well, you want more than that,

02:02because the request here is to instruct the school to tell you its curricula,

02:10to guess at what you might find offensive, and then let you opt out.

02:16Because that's the injunction you're asking for, isn't it?

02:19You're asking for the ability for schools to provide you with the information about what's being taught,

02:27and if you object to it on religious grounds, to opt out.

02:30Your Honor, I see my light is on. May I answer the question?

02:32You may, yes.

02:33Your Honor, even under Yoder, without Yoder, under a Smith regime,

02:37in here, those things would trigger strict scrutiny.

02:39If you're in a regime where there's direct discrimination like we have here,

02:43we have students who are being told that they can opt out for certain religious reasons,

02:47but not other religious reasons, and that's always going to get you to strict scrutiny.

02:51Thank you, Councilor.

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