On April 22 the US Supreme Court heard arguments on Mahmoud v Taylor. The question presented in the case is “Do public schools burden parents’ religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parents’ religious convictions and with-out notice or opportunity to opt out?”

The case stems from a Maryland School District, which is using storybooks that address LGBTQ+ issues as part of their elementary curriculum.  The books in question are "Born Ready: The True Story of a Boy Named Penelope", Intersection Allies: We Make Room for All", "Love, Violet", "Prince and Knight", and "Uncle Bobby's Wedding". According to reports, initially the school board allowed parents to receive notice and opt their children out of the lessons using those titles for religious accommodation, but ended that option due to concerns over student absenteeism, classroom disruption, administrative burden, and potential stigmatization of individuals represented in the books.

The legal issue in this case is the balancing of where a parent’s right to enforce their religious convictions for their family ends and a school’s responsibility to provide a full forum for ideas begins. Although the question itself, along with implementation of any answers, is challenging at best, SCOTUS watchers are predicting the court will rule on the side of religious exercise at the elementary level.

MASB will continue to follow this matter as it develops. If you have any questions on this or any other legal matter, please contact us.