by Mia Gradick • 3 minutes
First Liberty and a diverse coalition of national organizations filed a friend-of-the-court brief at the U.S. Supreme Court in Mahmoud v. Taylor. The case involves more than 300 religious parents in Montgomery County, Maryland who argue they should be allowed to opt their children out of school reading materials promoting controversial ideology. The Court will hear oral argument on April 22.
Our brief argues that parents have the constitutional right to opt their children out of educational programs at odds with their faith. We explain that the Supreme Court has long recognized the rights of parents to direct the religious upbringing of their children.
“Parents have the right to know what their children are being taught in school, especially when that material goes against their sincerely held religious beliefs,” said First Liberty President, CEO and Chief Counsel Kelly Shackelford. “By teaching sexual education in other classes, the school district is attempting to evade state law that allows parents to opt their children out of such topics.”
The following groups joined First Liberty in filing the brief:
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. But it changed course and said it would no longer notify parents or honor those requests.
With the help of our friends at Becket, an interfaith coalition of Catholic, Protestant, Orthodox Christian and Muslim parents filed a federal lawsuit. They argue the school board is unlawfully targeting parents and their kids because of their religious beliefs about gender and sexuality.
“The parents in this case are not asking the government to remove materials from its curriculum or add new materials that the parents think would be better,” our brief explains. “They are asking only that certain materials, which they believe interfere with their children’s religious upbringing, not be imposed on their children and that they be given notice and an opportunity to opt out of exposure to materials they believe are religiously harmful.”
More than 50 organizations and law firms have submitted briefs supporting this case. The legal issues don’t just impact parents in one Maryland county. This case has implications for every family. We’re witnessing attacks on parental rights and religious freedom all over the country.
Right now, First Liberty is fighting a very similar case in California for two families who were told by a school district that they could not opt their children out of books promoting radical gender ideology.
The parents we represent have a deeply held conviction to raise their children consistent with their religious beliefs. They approached the Encinitas Union 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.
First Liberty and the National Center for Law & Policy sued the school district in federal court, arguing that it must stop its unlawful behavior and protect the religious liberty of every student by granting parents the ability to opt their children out.
First Liberty’s case and the one pending at the Supreme Court could have massive implications. The outcome of both can reaffirm that our children are not children of the State. As the U.S. Supreme Court has made clear in the past, it is an “enduring American tradition” that parents, not government officials, have the primary right to direct their children’s moral and religious upbringing.
Related Articles:
Many Public Schools Won’t Let Students or Employees Pray, But Push Radical Indoctrination
First Liberty Asks U.S. Supreme Court to Protect Parental Rights
Diverse Groups Urge Supreme Court to Hear Major Parental-Rights Case
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