by Jorge Gomez • 4 minutes
The U.S. Supreme Court recently agreed to hear two cases with huge implications for religious families and faith-based schools across the country. The Court is expected to hear these cases sometime this spring.
Plus, First Liberty has four cases pending at the nation’s highest court. Each of these could impact religious employees, parents, charities, houses of worship and faith-affiliated institutions. With these many cases before the Court, 2025 could indeed be another landmark year for religious freedom in America.
Ensuring Religious Schools Are Treated Fairly
The Supreme Court will hear Drummond v. Oklahoma Statewide Virtual Charter School Board and St. Isidore of Seville Catholic Virtual School v. Drummond.
These cases concern the Oklahoma Charter School Board’s approval of an online Catholic school. St. Isidore of Seville Catholic Virtual School is being excluded from receiving publicly available benefits simply because of its religious character.
First Liberty filed an amicus brief asking the Court to make clear that states cannot discriminate against religious schools. We pointed to the landmark ruling in our Treat Children Fairly case, Carson v. Makin, which held that states are prohibited from discriminating against parents who send their children to religious schools. That decision also ensured fairness in how the government treats all religious schools and organizations.
Our friends at Alliance Defending Freedom are representing the Catholic school and argue the state is violating the Free Exercise Clause. By excluding religious schools from the charter school program, the state is effectively punishing parents and children for exercising their religion.
Beyond protecting the rights of St. Isidore and other religious schools in Oklahoma, the outcome could impact faith-based schools across the country. With this case, the Supreme Court can reaffirm that the First Amendment prohibits state officials from excluding religious families and schools. It’s an excellent opportunity for the nation’s highest court to strengthen religious liberty protections, educational choice and parental rights.
Parental Rights and Religious Freedom
The Court also agreed to hear Mahmoud v. Taylor, a case involving religious parents in Montgomery County, Maryland who argue they should be allowed to opt their children out of school reading materials promoting controversial ideology.
In 2022, the Montgomery County Board of Education enacted a policy requiring new story books covering LGBTQ issues that could be read in class. Initially, the board indicated parents could opt their children out of the curriculum. But it changed course and said it would no longer notify parents or honor requests to opt out.
With the help of our friends at Becket, a group of parents sued the school board. The lawsuit was filed on behalf of a coalition of more than 300 religious parents including Muslims, Catholics, Protestants and Orthodox Christians. The federal district court and appellate court ruled against the parents.
The outcome of this case will impact millions of Americans and religious families across the country. This could help the California families First Liberty is representing who were told by a school district that they could not opt their children out of books promoting radical gender ideology.
First Liberty and the National Center for Law & Policy are fighting in federal court for parents whose 5th grade sons were required to read a book titled “My Shadow is Pink.” The book involves a boy who sees his shadow as pink, something the book describes as “your inner-most you.” He then wears a dress to school. His dad changes his beliefs and puts on a dress, too.
The book leads children to ponder their “gender identity.” Even worse, the boys were forced to share the book with their kindergarten buddies. Then they had to ask the the younger student what color shadow “represents” him and draw his shadow in that color of chalk.
The parents we represent have a deeply held conviction to raise their children consistent with their religious beliefs. They approached the school district and asked for notification of when sensitive topics would be read in school and to allow their children to opt out of future participation. But those requests were denied.
Our legal team is arguing that the Encinitas Union School District must provide notification and opt-outs to parents and students.
“No child should be forced to speak a message that violates his religious convictions,” said First Liberty attorney Kayla Toney. “It’s unconstitutional for teachers would force Christian elementary students to speak messages to five-year-olds in a way that violates their faith.”
Parents have a right to know what their children are learning in school—and to opt them out if they’re exposed to materials or courses that violate their religious beliefs. There is perhaps no right more deeply rooted in our nation’s history and tradition than the right of parents to direct their children’s religious upbringing.
We’re witnessing attacks on parental rights and religious freedom everywhere in the country. This is affecting people of ALL faiths. The outcome of this Supreme Court case and First Liberty’s case will impact millions of families and their constitutional right to raise their children as they see fit.
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