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U.S. Supreme Court

SCOTUS will decide whether schools can require LGBTQ-themed books at story time with no opt-outs

By Debra Cassens Weiss

January 21, 2025, 10:27 am CST

The U.S. Supreme Court on Friday agreed to decide whether schools can require teachers to read storybooks to elementary-age children with LGBTQ characters and themes over parents’ objections.

At issue is whether the required instruction with no possibility of opting out violates parents’ First Amendment right to free exercise of religion.

SCOTUSblog, the Washington Post, the New York Times, Reuters and the Volokh Conspiracy are among the publications with coverage of the cert grant in Mahmoud V. Taylor.

The SCOTUSblog case page is here.

One of the books, Pride Puppy, is about a puppy that gets lost during a gay pride parade, according to SCOTUSblog. Another, My Rainbow, is about a mother who makes a colorful wig for her transgender daughter.

Both books were removed from the curriculum after the lawsuit was filed, the Washington Post reported in October.

Other books remain, including Love, Violet, which is about a young girl trying to make a valentine for a female classmate.

The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals had ruled 2-1 against the parents in May, holding that the parents weren’t entitled to a preliminary injunction because they had not shown that they or their children were forced to change their religious beliefs or conduct.

According to the cert petition, five circuits now hold that Supreme Court precedent “essentially provides parents no protection once they place their children in the public system.” Only one circuit has found that forced instruction burdens parents’ free exercise rights under the precedent, the 1972 Supreme Court case Wisconsin v. Yoder, the petitioners say.

The defendants in the case are the Montgomery County, Maryland, superintendent of public schools, the school board and its members. They argue that there is no circuit split on the issue.

“Every single court of appeals that has considered the question has held that mere exposure to controversial issues in a public school curriculum does not burden the free religious exercise of parents or students,” their brief says.

The parents who challenged the policy are represented by the Becket Fund for Religious Liberty, a nonprofit public interest law firm, which issued a Jan. 17 press release here.

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