U.S. Supreme Court Rules in Favor of Parents’ Religious Liberty, Citing Brief Filed by Schaerr | Jaffe Attorneys

In Mahmoud v. Taylor, the U.S. Supreme Court last Thursday granted a preliminary injunction in favor of parents seeking to opt their elementary school-aged children out of being read books promoting LGBTQ lifestyles, with the Court’s majority decision citing an amicus brief that Schaerr | Jaffe attorneys filed on behalf of 66 members of Congress.

In granting the preliminary injunction, the Court found that the parents’ were likely to prevail in their Free Exercise Clause claim because the school board, in implementing the curriculum and refusing to provide notice to the parents when the books would be read or allowing the parents to opt out their children, substantially interfered with the religious development of the children.

The Court cited the brief filed by Schaerr | Jaffe for the proposition that one out of every eight children in the school district received special education services under an Individualized Educational Program, and thus the board was capable and familiar with opting children out of normal educational programming.

The Schaerr | Jaffe attorneys on the brief were Erik Jaffe, James Phillips, and Joshua Price. They were assisted by Paralegal Kristina Robinson.