Courthouse Steps Oral Argument: Mahmoud v. Taylor

In Mahmoud v. Taylor, the Supreme Court will decide whether parents have the right to be notified and opt their children out of classroom lessons on gender and sexuality that violate their religious beliefs.

In 2022, the Montgomery County, Maryland, School Board introduced storybooks for pre-K through fifth-grade classrooms covering topics like gender transitions and pride parades. Maryland law and the Board’s own policies provide parents the right to receive notice and opt their kids out of books that violate their religious beliefs. However, when parents attempted to exercise this right, the School Board eliminated notice and opt-outs altogether. In response, a diverse coalition of religious parents, including Muslims, Christians, and Jews, sued the School Board in federal court. The parents argue that storybooks are age-inappropriate, spiritually and emotionally damaging for their kids, and inconsistent with their beliefs.

Last year, the Fourth Circuit upheld the School Board’s policy, ruling that the removal of notice and opt-outs does not impose a legally cognizable burden on parents’ religious exercise. The parents appealed, and the Supreme Court granted certiorari in January 2025, and arguments are scheduled for April 22nd.

The question before the court 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 without notice or opportunity to opt-out?

Featuring:

• Eric Baxter, Vice President and Senior Counsel, Becket Fund for Religious Liberty
• (Moderator) Prof. Teresa Stanton Collett, Professor and Director, Prolife Center, University of St. Thomas School of Law

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.