SCOTUS: Parents can opt out of LGBTQ+ reading materials

Today, in a 6-3 vote along ideological lines, the Supreme Court in MAHMOUD ET AL. v. TAYLOR ET AL on Friday gave a win to parents who objected to their children reading LGBTQ+ themed books in  Maryland elementary classrooms. In 2023, parents from various religious faiths, including Muslim, Roman Catholic, Ukrainian Orthodox, and others, sued the Montgomery County Public Schools after the district ended its policy allowing them to opt out of lessons they objected to, including LGBTQ+ picture books. The lead plaintiffs were Tamer Mahmoud and Enas Barakat, a Muslim couple with a son in elementary school, who were represented by the religious liberties group Becket.

For now, school systems will be required to provide parents with an “opt-out” provisions that excuse children from class when classwork conflicts with their religious beliefs.

At the center of the case on Friday was the Montgomery County, Md., school system, which serves 160,000 students of all faiths, where a group of parents sued the school district, seeking to opt their children out of classes where students read materials featuring LGBTQ+ characters. They argued that without an opt-out provision, their First Amendment right to religious freedom was violated. While the district argued that allowing parents to opt their children out created concerns about absenteeism and social stigma against LGBTQ+ students, putting them at risk of violating anti-discrimination laws.

Writing for the court majority, Justice Samuel Alito wrote for the court majority, agreeing that parents are allowed to excuse their children from the classes related to the books while the litigation proceeds. In the meantime, school districts must notify parents in advance of the books being read and allow them the option to remove their children.

“The parents are likely to succeed on their claim that the Board’s policies unconstitutionally burden their religious exercise,” Alito wrote. He said the storybooks conveyed a “normative message” that seeks to separate gender from biological sex, contrary to their parents’ religious beliefs.

Writing for the three liberal justices, Justice Sonia Sotomayor accused the majority of segregating children from the United States’ diverse student population in its public schools, noting that it will mean chaos for public schools.

“Requiring schools to provide advance notice and the chance to opt out of every lesson plan or story time that might implicate a parent’s religious beliefs will impose impossible administrative burdens on schools,” she wrote. “The harm will not be borne by educators alone: Children will suffer too. Classroom disruptions and absences may well inflict long-lasting harm on students’ learning and development.”  

President Donald Trump called the ruling a victory for parents’ rights advocates.

“I think it’s a great ruling for parents. They lost control of the schools. They lost control of their child. And this is a tremendous victory for parents,” 

The school board had argued that opt-out provisions were impractical. Initially, the district allowed parents to opt their children out of select lesson plans. But the school system removed the opt-out provision when accommodating requests became too difficult and disruptive to class time. The board reasoned that while it is easy enough to facilitate single-class opt-outs, as the school district provides for sex education, it is much more challenging to take children from the classroom every time that a book mentions LGBTQ+ couples or characters.

In a statement, Montgomery County Public Schools noted the challenge of opting out of books, which would be a concern for schools nationwide. “Today’s decision is not the outcome we hoped for or worked toward. It marks a significant challenge for public education nationwide. In Montgomery County Public Schools, we will determine next steps and navigate this moment with integrity and purpose — guided, as always, by our shared values of learning, relationships, respect, excellence, and equity.”

Additionally, the Montgomery County Education Association issued an initial statement expressing disappointment with the ruling.

“While we are extremely disappointed in the Supreme Court’s decision, unfortunately, we are not surprised,” the organization said. “MCEA believes that our public schools should remain inclusive places where differences are celebrated. This decision sets us back and is reminiscent of a time when discrimination and intolerance were the norm.”