Mahmoud v. Taylor may prove even more consequential. At issue was whether a Maryland school district could require elementary students to participate in instruction using LGBTQ+-themed storybooks, without giving parents advance notice or the opportunity to opt-out based on religious convictions.
The district argued that exposure to these materials was essential to promoting ”their” version of diversity and inclusion that they wanted to indoctrinate school children with. In a 6-3 decision written by Justice Samuel Alito, the Court saw through that justification, concluding that denying opt-out rights violated parents’ First Amendment right to the free exercise of religion.
The Court held that government cannot force parents to subject their children to instruction that conflicts with their religious beliefs, especially on sensitive matters of sex, morality, values, and family structure. The ruling draws on longstanding precedent that recognizes the foundational role of parents in determining the moral and spiritual upbringing of their children.
Citing parents’ “sacred obligation” to raise their children, the Court stated, “We have long recognized the rights of parents to direct ‘the religious upbringing’ of their children. And we have held that those rights are violated by government policies that ‘substantially interfere with the religious development’ of children.” (Alito, Slip Op. at 17, 18).
The Court determined the school was imposing government values via these LGBTQ+ materials on children at the expense of children, parent’s religious beliefs, and the family bond. “Forcing parents to surrender their children to instruction that contradicts their faith substantially interferes with the religious development of children and severs the crucial bond between parents and children.” (Alito, Slip Op. at 21).
The Court further held, “These books impose upon children a set of values and beliefs that are ‘hostile’ to their parents’ religious beliefs. And the books exert upon children a psychological ‘pressure to conform’ to specific viewpoints.” (Alito, Slip Op. at 21). “The books are unmistakably normative. They are clearly designed to present certain values and beliefs as things to be celebrated and certain contrary values and beliefs as things to be rejected.” (Alito, Slip Op. at 22).
The Court rejected the outlandish arguments that parents could simply teach their views at home or choose private education. “Public education is a public benefit, and the government cannot ‘condition’ its ‘availability’ on parents’ willingness to accept a burden on their religious exercise.” (Alito, Slip Op. at 32).
Bottom line: The Court applied the “strict scrutiny” standard and ruled that the District’s policy was neither necessary nor narrowly tailored, especially because the district allowed opt-outs in other contexts while refusing them here. The mandatory government values-laden instruction, the Court held, imposed a substantial burden on parents’ sacred right to direct their children’s religious upbringing.
Mahmoud Impact:
Public schools now have a clear mandate: when topics touch on religion and conscience, transparency and parental consent are not optional—they’re constitutionally required. Schools should reinforce what parents teach at home, and teach the time-tested virtues that built our Western civilization. But whenever the curriculum contradicts parents’ religious convictions, they should always be able to opt out.
RE: Mississippi— We need to now ensure these rights are protected with a Parental Bill of Rights next session. For the past three sessions, similar bills that would protect Mississippi parents and children died in committee.
Passing a Mississippi PBOR will guarantee parents’ fundamental rights to direct the upbringing, education, care, and custody of their children as so many other states have. The Supreme Court has gone out of their way to affirm the rights of Mississippi parents if we as a state will only assert them.
Will we?
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