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Supreme Court rules parents are allowed to opt kids out of LGBTQ+ book reading

This decision involved Montgomery County Public Schools
Library Funds Withheld LGBTQ Books
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WASHINGTON — On Friday, the Supreme Court ruled 6-3 that parents who have religious objections can pull their children from public school lessons using LGBTQ related content, according to the Associated Press.

The justices reversed other court rulings that ruled in favor of the Montgomery County school system.

They ruled schools could not require students to sit through the lessons if parents had a religious objections.

This comes after the school system introduced the books in 2022 to reflect its diverse student body.

A group of parents sued after the district rescinded a previous policy that had allowed opt-outs.

They were represented by Becket Fund For Religious Liberty, and argued the lessons contradicted their faith, violating the First Amendment.

RELATED: SCOTUS grills Maryland school district over denying parents right to opt students out of LGBTQ+ book reading

Here's how the books were described:

"One book tasks three and four-year-olds to search for images from a word list that includes “intersex flag,” “drag queen,” “underwear,” “leather,” and the name of a celebrated LGBTQ activist and sex worker. Another book advocates a child-knows-best approach to gender transitioning, telling students that a decision to transition doesn’t have to “make sense.” Teachers are instructed to say doctors only “guess” when identifying a newborn’s sex anyway."

School officials and civil rights advocates countered that the books are not religious instruction and that allowing opt-outs could erode efforts to create inclusive school environments.

By reversing these decisions, the justices ordered the district to notify the parents when the books are used and to let them excuse their children from those lessons.

In response to the ruling, Maryland leaders sent the following statements:

House Republicans

“Today’s decision strikes a balance between the rights of parents to act in accordance with their religious beliefs while still allowing public schools to reflect their greater community,” said House Minority Leader Jason Buckel. “These parents from a variety of religious backgrounds did not seek to ban or remove material or in any way encourage the bullying or marginalization of any other child or family. They simply wanted the ability to opt their children out of lessons that conflicted with their religious beliefs.”



“Maryland’s school systems should recognize that parental rights are fundamental; this is something our members fight for every year,” said Pippy. “Parents should certainly have a say in the appropriateness of materials that are presented to their children; it is encouraging to see the Supreme Court uphold this right.”

Maryland Freedom Caucus

The Supreme Court today handed down a critical victory for parents nationwide, ruling that families have the right to opt their children out of sexuality instruction that conflicts with their values. The Maryland Freedom Caucus applauds this decision in Mahmoud v. Taylor as a clear rebuke of the growing trend of government overreach into family life and a long-overdue affirmation of the fundamental right of parents—not bureaucrats or ideologues—to direct their children’s education. In Maryland, Democrats have been working overtime to undermine that right. Just this session, HB161 would have explicitly denied parents the ability to opt their children out of classroom content related to gender and sexuality. The message from the Court today is unmistakable: parental rights don’t end at the schoolhouse door. The Maryland Freedom Caucus will continue to fight every attempt to erase parents from their rightful role—whether it’s in education, healthcare, or anywhere else government seeks to wedge itself between moms, dads, and their children.

Attorney General Brown

“We are profoundly disappointed by the Court’s decision to compel Montgomery County to allow parents to opt their children out of classes where LGBTQ-inclusive books are read. These materials help teachers create classrooms where all students can thrive and feel safe, regardless of their gender identity or sexual orientation.

My Office will continue to defend all Marylanders against discrimination and keep fighting for a future where LGBTQ residents feel safe and accepted in every community throughout our State.”

Senate Republican Leaders

“This decision is a victory for common sense and for parental rights,” said Senate Minority Leader Steve Hershey (R-Queen Anne’s). “Montgomery County Public Schools took the extreme step of shutting parents out of the process by denying their ability to opt out of curriculum that goes against their family’s values. That’s not inclusive—it’s authoritarian. Today’s ruling rightly pushes back.”

Senate Minority Whip Justin Ready (R-Carroll & Frederick) added: “For all the talk about equity and inclusion, Montgomery County forgot the most important voice at the table: the parents. No school system has the right to force children to participate in ideologically driven lessons without parental consent. This case should serve as a wake-up call to education officials across Maryland.”