Ƶ Urges Supreme Court to Reject Mandatory Opt-Outs from Maryland School District’s Inclusive English Language Arts Curriculum

Affiliate: Ƶ of Maryland
April 9, 2025 1:46 pm

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WASHINGTON — The Ƶ and Ƶ of Maryland filed an with the U.S. Supreme Court today in Mahmoud v. Taylor, urging the court to reject a challenge to a Montgomery County Public Schools (MCPS) policy barring opt-outs from its inclusive English Language Arts (ELA) curriculum. Through children’s literature, the ELA curriculum acquaints students with a diversity of viewpoints and people in their community, including LGBTQ peers and their families.

The brief argues that, because the “no opt-out” policy is religion-neutral and applies regardless of the reason for objection, the policy should not be analyzed under a “strict scrutiny” legal standard and should instead be subject to a more lenient “rational basis” review, which is easily satisfied in the case. Although MCPS previously allowed opt-outs for any reason from portions of the ELA curriculum featuring storybooks with LGBTQ characters and themes, the growing number of opt-outs proved be disruptive and divisive. Teachers were forced to divert time and resources to create alternative lessons for students who opted out, and many students simply did not attend school at all for the day. In addition, the opt-outs stigmatized LGBTQ students and those with LGBTQ family members.

As a result, MCPS properly barred all ELA opt-outs, preventing further disruption to the classroom environment and the educational mission of the ELA curriculum. The decision prompted a group of parents to sue, asserting a violation of their rights under the Free Exercise Clause of the First Amendment and other constitutional provisions.

“Religious liberty is fundamentally important, but it doesn’t force public schools to exempt students from secular lessons that don’t align with their families’ religious views,” said Daniel Mach, director of the Ƶ’s Program on Freedom of Religion and Belief. “Mandating opt-outs would wreak havoc on public schools, tying their hands on basic curricular decisions, stoking divisiveness and disruption, and undermining a core purpose of public education — to prepare students to live in our pluralistic society.”

“In a time of ever-increasing polarization in our country, exemptions that would require schools to allow children to refuse exposure to materials and curriculum about people from various backgrounds is divisive and harmful,” said Deborah Jeon, legal director for the Ƶ of Maryland. “Our education system should be one that embraces differences as an opportunity to foster understanding and bring people together. Anything else would send ripples of censorship across the country, negatively impacting countless communities and children who deserve a balanced education.”


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