Law & Courts

Can Parents Opt Kids Out of Reading LGBTQ+ Books? The Supreme Court Will Decide

By Mark Walsh — January 17, 2025 3 min read
The Supreme Court on Wednesday afternoon, April 19, 2023, in Washington.
  • Save to favorites
  • Print

The U.S. Supreme Court has agreed to hear the appeal of parents who object on religious grounds to a Maryland school district’s policy of preventing them from opting their children out of LGBTQ+ inclusive “storybooks” used in elementary English/language arts classes.

Lower courts had refused to block the policy of the 160,000-student Montgomery County school district, and the parents’ case has become a rallying point among groups fighting sexual orientation- and gender identity-inclusive school policies.

A federal appeals court’s ruling “that parents essentially surrender their right to direct the religious upbringing of their children by sending them to public schools … contradicts centuries of our history and traditions,” says the appeal, filed by the Becket Fund for Religious Liberty on behalf of a group of Christian and Muslim parents who objected to the books.

The school system in 2022 approved books such as Pride Puppy!, My Rainbow, and Uncle Bobby’s Wedding to help teach reading to students as young as pre-kindergarten. An associate superintendent said in court papers that the books were not meant to explicitly teach about gender identity and sexual orientation in elementary school, but to be a classroom option for students to discover and for teachers to recommend to some students.

The parents sued after the district began enforcing the no opt-out policy for the 2023-24 school year. They argue that the policy violates their First Amendment right to free exercise of religion and their 14th Amendment due-process right to direct the upbringing of their children, an argument that has also been made in court cases about policies regarding how districts treat students who say they’re transgender.

The case “presents a pressing issue of nationwide importance,” says the parents’ appeal in Mahmoud v. Taylor, and the lower courts’ “deference to public school policymaking is particularly dubious when it comes to instruction on family life and human sexuality.”

The appeal has the support of friend-of-the-court briefs filed by several leading religious liberty scholars, the Christian Legal Society, and 25 states.

“The lower courts are hopelessly confused—and largely wrong—about the nature of religious coercion in the school instructional context,” said the scholars’ brief, led by Douglas Laycock of both the University of Texas and University of Virginia. “When the government seeks to instruct students about value-laden sexuality and gender issues in a way that contradicts their parents’ religious instruction, without telling the parents or providing an opt-out, the parents’ First Amendment rights have been burdened.”

The Montgomery County district in October dropped Pride Puppy! and My Rainbow from the curriculum, which continues to use other titles such as Intersection Allies, Born Ready, and Jacob’s Room to Choose.

School district says it is trying to create a safe and inclusive learning environment

The district, in a brief urging the court not to take up the case, said the challengers “seek to unsettle a decades-old consensus that parents who choose to send their children to public school are not deprived of their right to freely exercise their religion simply because their children are exposed to curricular materials the parents find offensive.”

The district noted that it first tried to accommodate opt-out requests by parents, no matter what the basis.

“The growing number of opt-out requests, however, gave rise to three related concerns: high student absenteeism, the infeasibility of administering opt-outs across classrooms and schools, and the risk of exposing students who believe the storybooks represent them and their families to social stigma and isolation,” the district’s brief says.

Such consequences would defeat the district’s efforts to ensure safe and inclusive classroom environments, the brief says.

The case could be argued in April and decided by the end of the court term in late June.

Special education case was also granted by the court

The justices also granted review in a special education case that raises the question of which standard courts must apply when it comes to the rights of students with disabilities under the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.

The question in A.J.T. v. Osseo Area Schools is whether those statutes are violated with respect to students with disabilities only when school officials act with “bad faith or gross misjudgment,” as opposed to a more lenient standard of not having to prove any wrongful intent. The case could also be argued and decided in the current term.

Events

School & District Management Webinar EdMarketer Quick Hit: Build Campaigns That Engage K-12 Leaders
We’ll share what’s resonating with Education Week’s K-12 audience based on user behavior across platforms and other proprietary data.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
Measuring What Matters: How District Leaders Are Redefining Student Assessment
In this panel discussion, district leaders and systems experts will examine the gap between the outcomes we want and the systems in place.
Content provided by Otus
Early Childhood Webinar Selling Into Early Learning: New Survey Data and Strategies for Marketers
Selling into PreK? Get fresh EdWeek Research Center data and strategies to position your products and reach the right early learning buyers.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Trump Says Title IX Excludes Trans Girls. The Supreme Court Could Weigh In Next
It's the flip side of a recent U.S. Supreme Court decision upholding state laws that bar transgender girls.
7 min read
Becky Pepper-Jackson prepares to throw a discus Tuesday, April 7, 2026, at Bridgeport High School in Bridgeport, W.VA.
Becky Pepper-Jackson prepares to throw a discus on April 7, 2026, at Bridgeport High School in Bridgeport, W.Va. Jackson's challenge of a West Virginia law barring transgender girls from girls' athletic teams ended up before the Supreme Court, which upheld the state's law. Now, the court could take on the question of whether Title IX requires that transgender athletes be excluded from teams that match their gender identity.
John Raby/AP
Law & Courts Supreme Court Rejects Appeal Over School's Ban of 'Let's Go Brandon' Sweatshirts
The justices left in place a lower court ruling that schools can ban the phrase over its veiled vulgarity.
1 min read
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
Phelan M. Ebenhack/AP
Law & Courts Ten Commandments in Classrooms: 'Passive Display' or Part of the Curriculum?
Five states now have laws that require or authorize Ten Commandments displays in public schools.
9 min read
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, Monday, Nov. 17, 2025.
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Nov. 17, 2025. Texas is one of four states that now require the commandments be displayed in public school classrooms.
Eric Gay/AP
Law & Courts Federal Court Ruling Paves Way for Jewish Charter School in Oklahoma
A federal judge cleared the way for a Florida-based Jewish charter school network to open in the state.
Lenzy Krehbiel-Burton, Tulsa World, Okla.
•
4 min read
WASHINGTON, DC - JANUARY 10: (L to R) Montana Attorney General Austin Knudsen, Oklahoma Attorney General Gentner Drummond, Missouri Attorney General Andrew Bailey and Frank O. Bowman III, professor emeritus of law, University of Missouri School of Law arrive to testify before a House Homeland Security Committee hearing titled "Havoc in the Heartland: How Secretary Mayorkas' Failed Leadership Has Impacted the States," at the U.S. Capitol on January 10, 2024 in Washington, DC. House Republicans have started their hearings into impeaching President Biden's Secretary of Homeland Security, Alejandro Mayorkas.
Oklahoma Attorney General Gentner Drummond, second from left, was a defendant in a lawsuit from the Ben Gamla Jewish Charter School Foundation challenging a decision from the state's charter school authorizing board that denied the group's bid to open a charter school.
Kent Nishimura/Getty Images