Supreme Court Sides with Parents Seeking Religious Exemption from LGBTQ-Themed Books in Maryland Schools

Court rules 6–3 that Maryland school district likely violated parents’ religious rights by denying opt-outs from LGBTQ-themed books, reinstating protections while case proceeds.

WASHINGTON (AP) — The U.S. Supreme Court ruled 6–3 on Friday in favor of a group of Maryland parents seeking the ability to opt their elementary-aged children out of public school lessons involving LGBTQ-themed storybooks. The majority opinion, authored by the Court in Mahmoud v. Taylor, found that Montgomery County Public Schools likely violated the parents’ First Amendment rights by removing the opt-out option and failing to provide advance notice about when such materials would be used.

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The decision grants a preliminary injunction, restoring the right of religious parents to remove their children from instruction involving materials that conflict with their deeply held beliefs—at least while litigation continues in lower courts.

“Under our precedents, the First Amendment prohibits government officials from coercing individuals to violate their religious beliefs,” the Court wrote. “That is especially true when it comes to the religious upbringing of one’s children.”

Background of the Case

The case originated in Montgomery County, Maryland, after the school district introduced a series of books into its K–5 curriculum aimed at promoting inclusion and representation of LGBTQ individuals and families. Titles included Uncle Bobby’s Wedding, Prince & Knight, and My Rainbow, all of which depict same-sex relationships or gender nonconforming characters in a positive light.

The school district originally allowed parents to opt their children out of lessons involving these books, but that policy was rescinded in early 2023. A group of religious parents—Muslim, Catholic, and Eastern Orthodox—filed a lawsuit arguing that the new policy infringed on their constitutional rights.

The parents were represented by the Becket Fund for Religious Liberty, a legal organization that specializes in religious freedom cases.

The Court's Reasoning

The Court applied a “strict scrutiny” standard, the most rigorous level of judicial review, citing the 1972 precedent Wisconsin v. Yoder, which allowed Amish families to remove their children from public school after the eighth grade based on religious convictions.

In comparing the Montgomery County case to Yoder, the Court noted:

“As in Yoder, the plaintiffs allege that the curriculum substantially interferes with their ability to raise their children in accordance with their religious beliefs. The books at issue in this case do not merely describe the existence of same-sex couples; they present such relationships as ideal or desirable.”

The Court added that while children are not being forced to explicitly renounce their beliefs, “psychological pressure to conform” to the ideological messages in the books “can pose an objective danger to the free exercise of religion.”

Books Described as Normative, Not Neutral

The justices emphasized that the books are not presented as neutral depictions of diversity but rather as instructive and value-laden.

“The storybooks at issue are not value-neutral depictions of facts. They are designed to influence children’s attitudes and beliefs,” the Court said. “The Board’s decision to deny notice and opt-out privileges likely imposes a substantial burden on religious exercise.”

The ruling means that for now, Montgomery County Public Schools must allow parents to receive notice about when such books will be read and must permit children to opt out of those lessons.

The Dissent

Justice Sonia Sotomayor wrote the dissenting opinion, joined by Justices Elena Kagan and Ketanji Brown Jackson. Sotomayor sharply criticized the majority for expanding the definition of religious coercion and warned of long-term consequences.

“The Constitution does not entitle parents to shield their children from ideas that conflict with their religious views,” Sotomayor wrote. “Public education inevitably exposes students to a range of perspectives.”

She argued that permitting parents to veto exposure to classroom materials could create an unmanageable precedent for public education.

“If mere exposure to differing viewpoints is considered coercion, schools may be required to allow opt-outs for evolution, racial history, gender studies, and countless other subjects,” Sotomayor warned.

The dissent also questioned whether the plaintiffs demonstrated a true legal injury. “The parents have not shown that their children were required to affirm, adopt, or even participate in these views,” she wrote. “Their claim rests solely on the idea that hearing a story is itself a violation.”

National Implications

Legal experts say the Court’s decision could pave the way for broader religious exemptions in public education. Although the ruling is technically limited to preliminary relief, the majority opinion strongly signals that the plaintiffs are likely to prevail on the merits.

“This is a significant win for parental rights and religious liberty,” said Eric Baxter, a senior counsel at the Becket Fund. “It affirms that the government cannot force families to abandon their faith at the schoolhouse door.”

Civil rights groups and LGBTQ advocates expressed concern about the broader implications of the decision.

“This ruling threatens the inclusivity and integrity of public education,” said a spokesperson for the Human Rights Campaign. “It could embolden similar lawsuits across the country.”

What Comes Next

The case now returns to the lower courts, where the full constitutional questions will be litigated. In the meantime, Montgomery County schools must reinstate the opt-out policy and provide parents with notice about when LGBTQ-inclusive books will be used in the classroom.

While the ruling does not strike down the use of the books themselves, it forces school districts to reconsider how they accommodate religious families when developing diversity and inclusion curricula.

Full decision available at: supremecourt.gov/opinions/24pdf/24-297_4f14.pdf