PM by Kudsman

Member Services Advocacy Training and Events Newsroom About Calendar Store District Vacancies Contact Log In Supreme Court decision in Mahmoud v. Taylor could be a game changer for public education On Board Online • July 21, 2025

By Pilar Sokol Director of Legal Services

Just before the end of this year’s session, a majority of the U.S. Supreme Court issued a decision which many have referred to as a game changer for public education.

In Mahmoud v. Taylor, the high court issued a preliminary injunction in favor of parents in Montgomery County, Maryland, who are in the process of challenging their school district’s refusal to excuse their children from classroom instruction that involves the use of certain books in grades K-5. Some of the books tell stories about same-sex relationships, including same sex marriages, and some involve the topic of gender identity.

The injunction requires the school board to restart a prior policy of giving parents advance notice of when the books would be used in the classroom and allowing parents to excuse their children from that instruction.

The court sent the case back to a lower court for further proceedings consistent with the high court’s majority opinion. Still, the opinion foreshadows the Mahmoud majority’s disposition regarding resolution of the merits of the case. Thus, it is important to understand what the case is and is not about, and why the high court’s majority (five justices and one concurrence) determined a preliminary injunction was warranted in this case.

The district began incorporating the LGBTQ+ texts into the English language arts curriculum after determining the current books were not representative of many in their school community because they did not include LGBTQ+ characters. While books were included in grades PK-12, the Mahmoud decision involves only the storybooks assigned for use in grades K-5 (students ages 5-11).

The district expected teachers to include the storybooks in classroom instruction in the same way as other books. The district issued a guidance giving teachers suggested responses to potential questions from students and parents.

In response to parental push back regarding the introduction of the books, the district initially agreed to give parents advanced notice when any of the books in question would be used in classroom instruction and allow opt-outs. Due to a high number of opt-out requests, the district discontinued both the advanced notice and opt-out arrangement.

According to district staff and the school board, the number of opt-out requests made the process unmanageable. The court commented in the majority decision that school districts “cannot escape free exercise [of religion] obligations by crafting a curriculum so cumbersome that a substantial number of parents elect to opt out.”

The parents argued that they have a religious duty to train their children according to their faith regarding what it means to be male or female and matters involving marriage, human sexuality and other related themes. They asserted that the district’s actions violated their right to the free exercise of their religion, and the high court majority agreed.

To grant a preliminary injunction, a court must make certain determinations, including the likelihood of the litigant’s success on the merits of the underlying claim. In that context, the court determined that the district’s actions “substantial[ly] interfere[d]” with the parents’ free exercise rights under the First Amendment to the U.S. Constitution. They also presented a “very real threat” of undermining the parents’ ability to instill in their children their religious beliefs, and this further imposed an unconstitutional burden on the exercise of those beliefs.

In the majority’s view, the district’s actions substantially interfered with the parents’ exercise of religious rights for a variety of reasons based on the combination of the introduction of the books, the district’s instructions to teachers and the discontinuance of the notice and opt-out option.

The court found the books were normative. That is, they presented “certain values and beliefs as things to be celebrated and certain contrary [ones] as things to be rejected.” Teachers were encouraged to reinforce the values and beliefs to be celebrated, and children encouraged to adopt those specific views.

The district’s actions also posed an “objective danger” to undermining the parents’ teachings based on their children’s susceptibility to their teachers’ 

As to the imposition of an unconstitutional burden, the district’s actions, in part, conditioned the parents’ access to public education on their acceptance of a burden on religious exercise. Although the district had an interest in maintaining a safe school environment for all to learn in, their actions were not narrowly tailored to advance that interest.

So where do school districts go from here? As a starting point, school officials should examine whether their current policies or practices resemble any of the circumstances in Montgomery County. While creating an automatic, universal opt-out policy is an option, be sure to discuss practical implications with district administrators and the concept of a sincere religious belief with your school attorney. Your policy should be well-suited to local needs and realities, including demographics. Possibly with the assistance of your school attorney, identify any policies and practices that might be impacted by Mahmoud and may be in need of possible revision.

To learn more about the case itself, open questions and possible answers including its impact on curriculum, and future potential challenges such as the expansion of opt-outs into other areas, attend NYSSBA’s Summer Law Conference in person in Albany on July 31, or virtually on Aug. 5 and 6. In the meantime, feel free to contact NYSSBA’s Legal Department with questions you might have at legal@nyssba.org.

Go back | Show other stories Contact Us New York State School Boards Association 24 Century Hill Drive, Suite 200 Latham, New York 12110-2125 518.783.0200 phone 518.783.0211 fax Contact Us