In a landmark 6–3 decision issued on June 27, 2025, the U.S. Supreme Court ruled in Mahmoud v. Taylor that parents have the constitutional right to excuse their elementary-aged children from reading or discussing LGBTQ+-themed storybooks that conflict with their religious beliefs. The Court granted a preliminary injunction against the Montgomery County (Maryland) Board of Education, finding that its refusal to allow parental opt-outs violated the Free Exercise Clause of the First Amendment.
What This Means for School Boards:
This decision is a major victory for parental rights and religious liberty. The Court reaffirmed that public schools cannot impose instruction that "substantially interferes" with a child's religious upbringing—especially without notice or opt-out options for families. Citing Wisconsin v. Yoder and West Virginia v. Barnette, the justices made it clear that government-mandated instruction that contradicts sincerely held religious beliefs—especially regarding sexuality and gender—can create an “objective danger” to the free exercise of religion.
Key Takeaways for Virginia School Boards:
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Boards must provide advance notice to parents when books or lessons involve sensitive ideological or moral content, particularly about sexuality or gender.
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Parents have a constitutional right to opt their children out of instruction that burdens their religious exercise.
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Denying opt-outs and forcing participation may violate the First Amendment, even if the curriculum is otherwise lawful.
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If your division allows opt-outs for other non-core topics (like health education), you cannot selectively deny them for religious reasons without triggering strict scrutiny.
Policy Tip: Review your instructional materials and opt-out procedures to ensure your division’s policy allows religious accommodations and that parents are notified ahead of controversial instruction. The Mahmoud ruling is a clear signal: Boards that ignore parental rights do so at legal risk.
© School Board Member Alliance (SBMA), 2025. For informational purposes only. Not legal advice. Consult your school board attorney for guidance.