June 2025 – U.S. Supreme Court Decision Impacts Parental Rights and Curriculum Policies
In a significant decision for public school districts nationwide, the U.S. Supreme Court ruled in Mahmoud v. Taylor (June 27, 2025), holding that a Maryland school district’s refusal to allow parents to opt their children out of LGBTQ+-inclusive instruction violated the First Amendment’s Free Exercise Clause.
Case Summary:
The Montgomery County Board of Education had introduced LGBTQ+-inclusive storybooks into its elementary English curriculum. Initially, parents were permitted to opt their children out of instruction involving the books. However, citing logistical challenges, the Board later rescinded that opt-out policy and instructed schools not to notify families when the books would be used.
A group of parents from diverse religious backgrounds challenged this decision, arguing that the mandatory exposure to instruction promoting views on sexuality and gender identity, contrary to their religious beliefs, violated their right to direct the religious upbringing of their children.
The Court’s Holding:
The Court ruled 6–3 that:
- The Board’s no-opt-out policy placed a “substantial burden” on the parents’ religious exercise.
- Instruction that conveys normative messages about same-sex marriage and gender identity to young children (students in grades Kindergarten through fifth grade)—without an opt-out—“poses a very real threat of undermining” parental religious teachings.
- The denial of opt-out rights fails strict scrutiny, particularly when other opt-outs remain available (e.g., for family life/sex education).
- A preliminary injunction is warranted: school districts must provide notice and allow parents to excuse children from such instruction while litigation proceeds.
Key Takeaways for School Districts:
- Districts must review curriculum involving topics of sexuality, gender identity, and religion in light of this decision.
- If instruction may conflict with sincerely held religious beliefs, policies should allow reasonable notice and opt-out accommodations.
- The decision does not ban LGBTQ+-inclusive curricula—but it does affirm that parental religious rights must be considered and respected.
- Districts continuing to offer opt-outs in other contexts (e.g., sex education) may be especially vulnerable if they deny them here.
Next Steps:
School boards and administrators should:
- Reevaluate diversity and inclusion curriculum for younger students (Kindergarten through fifth grade).
- Consult legal counsel to ensure Free Exercise compliance.
- Prepare for increased opt-out requests and potential legal challenges.
For guidance on reviewing your policies and procedures, or to request training, please contact our School Law Team.
Kasi Marie Gifford is an attorney in Cooper Levenson’s School Law Practice Group in its Atlantic City office. She may be reached at 609-572-7456 or via e-mail at kgifford@cooperlevenson.com.
The content of this post should not be construed as legal advice. You should consult a lawyer concerning your particular situation and any specific legal question you may have.