Today, the U.S. Supreme Court ruled in a 6-3 opinion that Texas’s age verification law for pornographic websites is constitutional. Free Speech Coalition v. Paxton was one of the most closely watched cases due to its implications for more than 20 similar laws passed nationwide. Our sister organization, Kansas Family Foundation, alongside our friends at True North Legal, wrote an amicus brief in this case focusing on the harms of pornography to families and the reasons why state legislatures across the country are standing up for families.
Protecting their children is the top priority for every parent. Unfortunately, the modern tech age makes it practically impossible for even the most dedicated parent to protect their child from the predatory pornography industry. The Court rightly recognized that it is no longer 2004 – in the pre-iPhone world. We’ve tried the experiment of unregulated pornography, and it has miserably failed our children, families, and society.
The First Amendment was never intended to protect the filth that is common in modern-day pornography, in which men, women, and children are demeaned. At the very least, we can ensure that children do not have access to this material.
We are thankful that the Court saw the error of its decision from twenty-one years ago and gave legislatures leeway to do what is best for their youngest citizens. There is always more work to be done in protecting young minds, allowing them to grow naturally into adulthood with all of its pressures, experiences, and choices.
The Kansas Attorney General is already suing websites that are violating this law. Simultaneously, the first lawsuit ever brought by a parent was filed in Kansas by a Kansas parent. This win today means that these cases and others can continue to move forward and hold bad actors responsible for the devastating harm they do to children.
None of this would have been possible without the tireless work of your legislators, who carried this bill across the finish line last year. We want to particularly thank House Speaker Pro Temp Blake Carpenter, Rep. Susan Humphries, Senator Kellie Warren, Speaker Dan Hawkins, Majority Leader Chris Croft, and Senate President Ty Masterson. Today, we celebrate this monumental victory for children, parents, and the true meaning of the First Amendment.
Protecting Parental Opt-outs
The Court also protected parental rights and religious freedom in Mahmoud v. Taylor. We were delighted to join our friends in Maryland in an amicus brief in this case. This case arises from a school district in Maryland that tried to impose a DEI policy that had children reading LGBTQ+ storybooks. The school initially allowed parents to opt out, but then suddenly revoked this option.
Today, the Court upheld the right of parents to direct the upbringing of their children and said that the district’s removal of opt-outs for certain parents because of their religious beliefs was religious discrimination. School districts are not allowed to selectively allow opt-outs for some families but not others because their religious beliefs are disfavored. This is a victory for children, parental rights, and religious freedom.
Opt-outs are very normal when it comes to sensitive topics, especially those for religious reasons. The Court is right to recognize these very reasonable accommodations. The facts of this case show that the school board attempted to target these parents. This case just goes to show that religious freedom is for all Americans.
Kansas is one of the few states that leave these decisions completely up to the local school board. It requires very engaged parents. The big question this case asked is who has the responsibility to raise children? The resounding answer of the Court today is that this high duty and responsibility falls squarely on parents.
Both of these cases are major wins for Kansas families and would not be possible without your generous support. If you would like to continue to support our effort in defending laws like the age verification law in the legal system, please consider a tax-deductible donation to the Kansas Family Foundation.
With tears in my eyes,
