This Supreme Court ruling raises concerns about the future of inclusive education and the rights of all students to feel seen and respected in the classroom. 

Washington D.C. – The U.S. Supreme Court issued a 6-3 decision in Mahmoud v. Taylor today, siding with parents seeking to opt their children out of classroom instruction that includes LGBTQ+-inclusive storybooks. The decision threatens decades of progress toward inclusive education and creates a dangerous precedent for carving out discrimination under the guise of religious freedom. 

In a powerful dissent, Justice Sonia Sotomayor began by quoting a 1987 opinion that called public schools “at once the symbol of our democracy and the most pervasive means for promoting our common destiny.” She wrote, “The reverberations of the Court’s error will be felt, I fear, for generations. Unable to condone that grave misjudgement, I dissent.”

“It’s important to remember that today’s decision regarding a preliminary injunction does not change a school’s fundamental obligation to prepare students to be part of the global community,” said Meg York, Family Equality’s Director of LGBTQ+ Family Law and Policy, Senior Policy Counsel. “Children need to see themselves to understand and appreciate the world around them — a world that’s teeming with diverse people and ideas. A world that includes LGBTQ+ people and families.”

Justice Alito, writing for the majority, held that Montgomery County Public Schools’ refusal to offer notice and opt-out options likely imposes a substantial burden on religious exercise and violates parents’ rights to direct “the religious upbringing” of their children. The Court further ordered the school district to notify parents in advance anytime one of the books or similar material is used and to allow children to be excused from that instruction.

Earlier this spring, Family Equality, along with GLAD Law, National Center for LGBTQ Rights, HRC, COLAGE, Freestate Justice, GLSEN, and The Trevor Project, submitted an Amicus Brief in support of the school district’s decision to include LGBTQ+-inclusive books without an opt-out option. The brief stated, “Educating youth is not confined to textbooks; it necessarily involves building students’ awareness of others and the presence of divergent social, political, and religious views and experiences.”

The Court’s decision rejects decades of precedent affirming that public education must serve the public good – not any one set of private beliefs. 

“Family Equality stands unequivocally with Montgomery County Public Schools, the educators fostering inclusive learning environments, and the LGBTQ+ students, families, and teachers impacted by this harmful ruling,” said Darra Gordon, CEO for Family Equality. “This decision is a setback – but it will not silence us. We will continue to advocate for schools that honor the diversity of all families and prepare every child to grow up in a world rooted in dignity, equity, and truth.

“We remain unwavering. And we will keep pressing forward.”

Learn more about the case:

If you are a parent, student, or educator affected by this case, reach out to our Director of Education Law and Policy, Nikhil Vashee, for resources.