Supreme Court: Schools Cannot Deny Parents the Right to Opt Out
Published on ConstitutionCenter.org
In a major First Amendment ruling, the Supreme Court of the United States made clear that public schools cannot deny parents notice or opt-out rights when classroom instruction conflicts with their religious beliefs.
In Mahmoud v. Taylor, the Court ruled 6–3 that a Maryland school board likely violated the Constitution by removing parental opt-outs for elementary lessons using LGBTQ+ storybooks. The majority found that the district’s actions went far beyond exposure to ideas — they substantially interfered with the religious development of children, triggering the highest level of constitutional scrutiny.
The Court rejected the argument that opt-outs are too burdensome or disruptive, noting that schools already allow them in other sensitive contexts. As Justice Alito wrote, the materials at issue were “unmistakably normative,” presenting certain beliefs as celebrated while treating others as unacceptable — without parental notice or consent.
This ruling matters far beyond one district. The constitutional standard applies nationwide. Parents now have clear legal standing to demand transparency and to opt their children out of instruction involving gender and sexuality when it conflicts with their faith or conscience.
Parents’ Rights in Education urges families not to assume their schools will comply automatically. Rights that are not exercised are easily ignored. Parents must engage, ask direct questions, and formally opt out where appropriate — now, not after policies are locked in.
Content credit to ConstitutionCenter.org