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June 27, 2025

Supreme Court rules 6-3 that parents can opt children out of LGBTQ lessons

https://www.wsiu.org/people/nina-totenberg
Ashlyn Campbell, Ginny Bixby
SCOTUSblog
NPR

Supreme Court forces schools to allow LGBTQ lesson opt-outs.

On Jun. 27, 2025, the U.S. Supreme Court ruled 6–3 that public schools must allow parents to opt their children out of lessons featuring LGBTQ-themed books.

Justice Samuel AlitoJustice Samuel Alito’s majority opinion relied on the Free Exercise Clause and applied a test asking whether a policy poses “a very real threat of undermining” parents’ religious beliefs.

Montgomery County Public Schools initially permitted opt-outs for LGBTQ content but later eliminated the policy because accommodating continuous removal from English classes became too administratively burdensome and disruptive.

The Supreme Court’s decision creates binding precedent nationwide, requiring all public school districts to accommodate religious opt-out requests for curriculum content claimed to burden religious exercise.

Parents in the case represented diverse faiths—Muslim (Tamer Mahmoud and Enas Barakat), Roman Catholic (Melissa and Chris Persak), and Ukrainian Orthodox (Svitlana and Jeff Roman)—demonstrating that objections crossed multiple religious traditions.

Justice Sonia Sotomayor dissented, warning that fragmenting the curriculum based on religious objections undermines equal educational opportunities and risks creating a two-tiered public education system.

The ruling does not specify what alternative instruction or activities must be provided for students who are removed from classes, leaving implementation details to local districts.

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People, bills, and sources

Justice Samuel Alito

Justice Samuel Alito

Authored the 6-3 majority opinion applying strict scrutiny to curriculum decisions that burden parental religious exercise

Justice Sonia Sotomayor

Authored the dissent joined by Justices Kagan and Jackson, warning of curricular fragmentation

Chief Justice John Roberts

Chief Justice John Roberts

Joined the majority opinion alongside Justices Thomas, Gorsuch, Kavanaugh, and Barrett

Superintendent Thomas Taylor (Montgomery County Public Schools)

Defendant and district leader who implemented the Supreme Court ruling

Eric Baxter (Becket Fund for Religious Liberty)

Vice president and senior counsel who argued oral arguments for the parent-plaintiffs

Maryland Attorney General Anthony Brown

Defended Montgomery County schools and filed amicus brief supporting LGBTQ-inclusive curriculum

Tamer Mahmoud and Enas Barakat

Lead plaintiffs, Muslim parents with elementary-age son in Montgomery County schools

Chris and Melissa Persak

Parent-plaintiffs, Roman Catholic couple with two elementary-age children

What you can do

1

Contact your Members of Congress to share your views on federal policy support for inclusive public education; use congress.gov to find and track relevant bills.

2

Monitor upcoming and ongoing Supreme Court cases on curriculum and religious-liberty issues via supremecourt.gov’s calendar and opinion releases.

3

Visit the ACLU (aclu.org) or similar civil-rights organizations to learn about legal challenges and resources regarding First Amendment and equal-education issues.

4

Check your local school district’s board website or meeting agendas to stay informed about how they plan to implement opt-out accommodations or alternative instructional arrangements.