Can parents opt out of LGBTQ teachings at schools? | Mahmoud v. Taylor | Attorney React

Mahmoud v. Taylor

Facts of the case

In October 2022, Montgomery County Public Schools in Maryland approved LGBTQ-inclusive books for its English Language Arts curriculum. These “Storybooks” featured characters and themes related to sexual orientation and gender identity, including books like “Pride Puppy!” for pre-K students and “Born Ready: The True Story of a Boy Named Penelope” for K-5 students. Initially, the school board allowed parents to receive notice and opt their children out of lessons involving these books, in line with the district’s guidelines for religious accommodations. However, in March 2023, the Board abruptly reversed this policy, eliminating all notice and opt-out options without explanation, though they later cited concerns about high student absenteeism, classroom disruption, administrative burden, and potential stigmatization of individuals represented in the books.

Several parents of different religious backgrounds (Muslim, Roman Catholic, and Ukrainian Orthodox) sued the Board, arguing that the denial of notice and opt-out options violated their religious freedom and parental rights. The parents did not seek to ban the books or challenge their adoption into the curriculum; rather, they sought to maintain control over how and when their children would be exposed to content they believed conflicted with their religious duties to train their children according to their faiths on matters of gender, marriage, and sexuality.

The district court denied the parents’ motion for a preliminary injunction, finding the parents failed to demonstrate a cognizable burden to their religious freedom, and the parents filed an interlocutory appeal, and the U.S. Court of Appeals for the Fourth Circuit affirmed the district court’s denial.

Question

Do public schools burden parents’ religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parents’ religious convictions and without notice or opportunity to opt out?