Washington, D.C. | Schools are preparing for parents to remove their children from gay-oriented lessons, as the U.S. Supreme Court upheld their right to “opt-out” of the classes. That was one of five rulings by the Court that favored Southern Baptist values.
The Court ruled that parents of public-school children in Montgomery County, Md., have a right to remove their kids from reading times with books the school board labels as “LGBTQ inclusive.”
Twenty books were introduced in 2022 for pre-K through eighth-grade students. They teach gender is more a construct than a biological fact and same-sex marriage is acceptable.
The school board’s opt-out option was discontinued a year later, leading a coalition of more than 300 Christian, Muslim, and Jewish parents to file a lawsuit, Mahmoud v. Taylor. Petitioner Tamer Mahmoud is a Muslim parent; the defendant is school superintendent Thomas Taylor.
The Supreme Court’s 6-3 decision agreed with the parents, that the schools’ decision to withhold notice from parents and then forbid opting out of the program “substantially interferes with the religious development of petitioners’ children.”
Justice Samuel Alito wrote, “The right of parents to direct the religious upbringing of their children would be an empty promise, if it did not follow them into the public school classroom.”
The SBC’s Ethics and Religious Liberty Commission joined 10 faith groups siding with the parents in an amicus brief. The then ERLC President Brent Leatherwood was pleased with the ruling. “As the primary teachers of their home, parents should have the right to opt their children out of curriculum that actively undermines their religious convictions regarding marriage, family, gender, and sexuality.”
ABC News reported the ruling is expected to produce a wave of opt-out requests at schools across the nation. The head of the National Education Association predicted a “chilling effect” on the use of LGBTQ materials in classrooms.
Illinois began implementing LGBTQ curricula in 2020, but faced federal pushback with the incoming Trump administration in 2025. The state has not withdrawn its gay-oriented content or other diversity lessons, the state school board reported in February, despite federal threats of funding withdrawals. Some local school systems have chosen not to use the explicit sex education materials.
Other rulings
Transgender treatments for minors: The Court upheld a Tennessee law banning gender transition medical treatments for minors as constitutional. The law prevents healthcare providers from prescribing medication or performing procedures on minors in order to “transition” them to an identity opposite of their biological sex. The case, U.S. v. Skrmetti, was brought by three transgender teenagers and the Biden Administration to preserve “gender affirming care.”
Medicaid funding for abortions: South Carolina can continue its effort to defund Planned Parenthood by barring abortion clinics in the state from participating in Medicaid programs. “The Court’s ruling will support other states as they seek to deny Planned Parenthood and other abortion providers taxpayer money,” Leatherwood said. That includes Arkansas, Missouri, Mississippi, and Texas, which have such laws.
Age verification on websites: A Texas law was upheld that requires websites to verify users are at least 18 years old if at least one-third of their hosted content is considered “harmful to minors,” such as pornography. So far, 20 states have such laws.
Tax-exemption for religious charities: The Court ruled that a Wisconsin Catholic charity deserved the same tax-exempt status granted to churches. ERLC and a large group of religious representatives filed amicus briefs supporting the case.
—IB staff with Baptist Press, with additional reporting by Christian Post, ABC News, and ADF