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Ketanji Brown Jackson Makes a Powerful Argument for School Choice

Posted on Monday, April 28, 2025
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by Outside Contributor
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During oral arguments in the case of Mahmoud v. Taylor, Supreme Court Justice Ketanji Brown Jackson unintentionally made a practical and convincing case for universal school choice.

A few years back, the Montgomery County, Maryland, school board instituted an “LGBTQ-inclusive” curriculum that included storybooks for kids as young as prekindergarten. The books are ostensibly part of the English curriculum because, apparently, they feature words and sentences. But the rationale for the program, according to the school system itself, is to “disrupt” the “binary” thinking of skeptical kids. Which sounds very much like indoctrination.

For instance, one of the “think aloud moments” for kids reading “Born Ready,” the tale of a confused girl, is “noticing how happy Penelope is when his mom hears him and commits to sharing with their loved ones that he is a boy.” “Pride Puppy!” is about a cute little dog who wanders into the Pride parade and meets friendly drag queens and leather-clad participants. “Love, Violet” and “Prince & Knight” are about same-sex attraction.

Even secular parents should find the idea of strangers teaching their prepubescent children about sexuality and gender dysphoria at such a young age and in such a frivolous manner unacceptable. As most conscientious parents understand, kids do not “know themselves best.” One of the most vital duties of parenting is guiding children through the confusion of adolescence and teaching them morality. It is not consecrating every harebrained notion that pops into their precious, underdeveloped brains.

In any event, a group of religious parents led by a Muslim family in Maryland who believe the messages in the books conflict with their beliefs sued the county — not to stop the classes, but for the right to opt out of them. Yet, Montgomery County refused to allow them to do it, maintaining that the opt-out requests would be so numerous they would disrupt the class.

This might sound crazy, but if enough parents oppose a non-academic curriculum that would be endangered, shouldn’t a public school do its best to accommodate taxpayers, rather than the opposite? Of course, in the progressive mindset, the individual is subservient to the state, not vice versa.

So, Mahmoud v. Taylor is now in front of the court. During oral arguments, which seemed to be going relatively well for parents, Jackson conceded that she was “struggling to see how it burdens a parent’s religious exercise if the school teaches something the parent disagrees with.” After all, they have a “choice,” she noted. “You don’t have to send your kid to that school. You can put them in another situation.”

Theoretically speaking, this makes complete sense. You can surrender your impressionable young child to hokum about gender transformation that conflicts with your faith, or you can leave the school entirely and, presumably, send your kids to a private institution or homeschool them.

The problem here is that Maryland is one of the worst states for parental choice. Jackson, who spent years on the board of a Christian academy in Maryland, should know this. Other than a tiny voucher program, there is nowhere to go. Maryland doesn’t have open enrollment policies that, at a bare minimum, allow parents to change schools within the district. Whichever school happens to be closest, no matter how poorly it performs or how ill-fitted it is for your child’s needs, is where they must go. Children might be the valuable thing in your life, but a Maryland parent is afforded more choices on where to buy a television than where they educate their kids.

Maryland barely has any charter schools. Parents who want to homeschool, which is challenging enough, must wrestle with needless regulatory burdens to teach their own children.

Anti-reform activists argue that school choice would result in an exodus of parents (and funding), undermining public schools’ ability to function. This is called a marketplace. If you can’t attract parents, it’s probably because your service is substandard.

Anti-reform activists also argue that voucher programs are for rich people when the reality is that they are mostly for the middle and working classes, who are unable to escape these propagandizing institutions. Montgomery County is one of the wealthiest in the country, so perhaps parents there have a better chance of escaping than most.

Irrespective of who school reform would help, it is an exceedingly small favor to ask schools to allow parents to opt out of classes that teach “inclusivity” — a euphemism for a radical cultural agenda. The fact that schools refuse to meet this request only illustrates the radicalism of these institutions.

But, fortunately, Jackson has the answer on how to fix it.

David Harsanyi is a senior writer at the Washington Examiner. Harsanyi is a nationally syndicated columnist and author of five books — the most recent, “The Rise of Blue Anon,” available now. His work has appeared in National Review, the Wall Street Journal, Washington Post, Reason, New York Post and numerous other publications. Follow him on X @davidharsanyi.

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The opinions expressed by columnists are their own and do not necessarily represent the views of AMAC or AMAC Action.

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GMA
GMA
1 year ago

Schools should teach the basic structure of education. No indoctrination of any kind. Math, English/Writing skills/spelling, Geography, History, Science, Moderate Exercise/Social skills. This was the original form. Follow it. Children learned and developed skills. Keep smart phones out of schools. Discipline within reason to structure the behavior of a student.

Theresa Coughlin
Theresa Coughlin
1 year ago

if Montgomery County is as worried about op-out rates being so numerous they’ll disrupt the class, that alone should tell them they’re doing something wrong.

Robert Zuccaro
Robert Zuccaro
1 year ago

“Makes sense” if you have the means to send your kids to private school! But then that’s not the point: stop indoctrinating and grooming children in public schools. Period.

Steve
Steve
1 year ago

Had 2 great teachers in the local elementary school (yr 2000). They taught a blended 4-5-6 class according to a kid’s ability, not grade level. So, a 4th grader could be in a 6th grade math class . . . and visa versa. Think both sets of students and their parents weren’t motivated?
When the District, in all its brilliant idiocy, decided to break up these teachers’ approach we parents set up a Charter School. This took the teachers out of the District’s full control.
This Charter School is ranked 6th in the whole state.

sdg
sdg
1 year ago

This absolute filthy lies about LGBT or whatever is horrendous that the possibility of this abhorrent lies is being taught in schools at any age. This lifestyle is an evil choice YOU ARE NOT BORN QUEER!!!!
My choice is that we open season on these people that believe this way and give them all a one way ticket to Iran period.

anna hubert
anna hubert
1 year ago

Perhaps it should be the other way around. Public school teaching academics only . Should parents desire their children learn bizarre off the wall subjects they could attend private schools specializing in it or be home schooled. That way the great majority would not be at the whim of few.

kit
kit
1 year ago

she forgets that parents tax dollars pay teachers and public schools. bet her kids went to private schools

TMH
TMH
1 year ago

This seems to be about “freedom of choice”; so, the teachers and the school board have the choice of what to teach, the parents should have the choice of what school and that teaches them, BOTH funded by the same till equally. then the truth will be revealed, the Teachers and school boards will lose as indoctrination machines they ARE, and parents will opt their share of school funding to appropriate schools with appropriate teaching. Done Deal. It’s called school choice, not teachers’ choice for a REASON.

Charlotte Mahin
Charlotte Mahin
1 year ago

AZ governor is against school choice because she knows those kids don’t get brain-washed to love her party. Hobbs is a radical leftists who is trying to follow the Marxists in DC. They are on the warpath to take over this country and turn it into another hell-hole!! And our 2 senators are also on this track Mark Kelly and Gallego are also against this country. Wish the CA Democrats would stop moving here. They are too stupid to realize that the reason they left CA was because THEY voted for the Democrats who have destroyed that state!!

Geraldine
Geraldine
1 year ago

Books and curriculum need a rating system like movies. G, PG13, R, X
I am so tired of forced sexualiry indoctrination.

Chloe’s Mom
Chloe’s Mom
1 year ago

When does the government give out free money, no strings attached? Sooner or later, if a school, any school, receives any government money, it will be told by the government what it can teach or cannot teach. It won’t matter whether the school is a public, private, charter, or home school. There are a small number of colleges, like Grove City College and Hillsdale College, that refuse government funds of any kind for a reason. They do not want to be told what they can or cannot teach. I fear that sooner or later, the government will attach strings to those funds given to parents who choose something other than their local public school, strings that will dictate curriculum, curriculum that is not wanted. Beware, all that glitters is not gold.

Marie Saqueton
Marie Saqueton
1 year ago

WOW! She favored school choice? Finally common sense got to her? I hope & pray that God’s blessing of WISDOM will continue for all Judges, especially in the lower courts who are in the dark?

Billy
Billy
1 year ago

Spending tax payer money for school choice is wrong!!!!

JULY 14: U.S. Supreme Court Associate Justices Elena Kagan and Amy Coney Barrett testify before the Senate Appropriations Committee on Capitol Hill on July 14, 2026 in Washington, DC.
Replica of the U. S. Declaration of Independence, closeup
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A homeless encampment is seen in Skid Row on July 25, 2025 in Los Angeles, California.

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