WASHINGTON – A coalition of Muslims, Jews, Christians, twenty-five states, parents, and legal scholars asked the Supreme Court yesterday to ensure that parents can opt their children out of storybooks that push one-sided ideology on gender and sexuality. In Mahmoud v. Taylor, the Montgomery County Maryland Board of Education took away parental notice and opt-outs for storybooks that celebrate gender transitioning, pride parades, and pronoun preferences with kids as young as three and four. Becket represents Muslim, Christian, and Jewish parents who challenged the ban on elementary school opt-outs in federal court last year (Watch this short video to learn more). 

The new “inclusivity” books were announced in 2022 for students in pre-K through fifth grade. Instead of focusing on basic principles of respect and kindness, however, the books champion controversial ideology around gender and sexuality. For example, one book tasks three and four-year-olds to search for images from a word list that includes “intersex flag,” “drag queen,” “underwear,” “leather,” and the name of a celebrated LGBTQ activist and sex worker. Another book advocates a child-knows-best approach to gender transitioning, telling students that a decision to transition doesn’t have to “make sense.” Teachers are instructed to say doctors only “guess” when identifying a newborn’s sex anyway. The School Board revoked notice and opt-outs for these storybooks last year, which violates Maryland law, the Board’s policies, and the advice of its own elementary school principals. 

“It’s encouraging to see a large coalition of common-sense voices denouncing the School Board’s decision to run roughshod over parental rights,” said Grace Morrison, board member of Kids First, an association of parents and teachers advocating for notice and opt-outs in Montgomery County Schools. “I pray the Justices will take this case and ensure that parents get to decide how and when to introduce their own children to these sensitive topics.” 

Highlights from yesterday’s filings in Mahmoud v. Taylor include:  

• 25 states including Virginia, Ohio, and Texas, highlighting how the School Board’s withdrawal of notice and opt-out rights upends longstanding national consensus protecting the role of parents in directing their children’s exposure to issues of sexuality and gender.   

• Religious liberty law scholars led by Michael McConnell, Douglas Laycock, Thomas Berg, Helen Alvaré, and Richard Garnett, arguing that the School Board’s policy is premised on an anomalous approach to protecting religious exercise in public programs. 

• Jewish and Muslim organizations asking the Supreme Court to respect the religious duties parents have to direct their children’s upbringing. 

• Prominent legal groups including First Liberty Institute and Christian Legal Society explaining the correct First Amendment framework to approach this case.. 

“As this outpouring of support shows, parents—not the government—should have the final say in how their kids are introduced to complex topics of gender and sexuality,” said Eric Baxter, vice president and senior counsel at Becket. “The School Board’s decision to cut parents out of these discussions flouts our nation’s traditions and common sense. We’re asking the Justices to restore the opt-out and allow parents to raise their children according to their beliefs.” 

You can find all friend-of-the-court briefs filed in this case at the link here.  

WASHINGTON – A diverse group of religious parents in Maryland asked the Supreme Court yesterday to restore their right to opt their children out of storybooks that push one-sided ideology on gender and sexuality. In Mahmoud v. Taylor, the Montgomery County Board of Education took away parental notice and opt-outs for storybooks that celebrate gender transitioning, pride parades, and pronoun preferences with kids as young as three and four. Older students can opt out when similar topics are introduced during high school health class. Becket represents Muslim, Christian, and Jewish parents who challenged the ban on elementary school opt-outs in federal court last year (Watch this short video to learn more). After the Fourth Circuit Court of Appeals refused to restore their rights, these parents are asking the Supreme Court to do so. 

The new “inclusivity” books were announced in 2022 for students in pre-K through fifth grade. Instead of focusing on basic principles of respect and kindness, however, the books champion controversial ideology around gender and sexuality. For example, one book tasks three and four-year-olds to search for images from a word list that includes “intersex flag,” “drag queen,” “underwear,” “leather,” and the name of a celebrated LGBTQ activist and sex worker. Another book advocates a child-knows-best approach to gender transitioning, telling students that a decision to transition doesn’t have to “make sense.” Teachers are instructed to say doctors only “guess” when identifying a newborn’s sex anyway. The School Board revoked notice and opt-outs for these storybooks last year, which violates Maryland law, the Board’s policies, and the advice of its own elementary school principals. 

“The School Board is pushing a controversial ideology that has been rejected by governments around the world and has even been criticized by the Board’s own principals as inappropriate for the intended age group,” said Grace Morrison, board member of Kids First, an association of parents and teachers advocating for notice and opt-outs in Montgomery County Schools. “Children deserve a period of innocence. The Supreme Court should take this case, restore the opt-out, and let parents decide how and when to introduce their own elementary school kids to these sensitive topics.”  

Soon after the School Board announced it would take away parental notice and opt-outs for the storybooks, a diverse coalition of religious parents, including Muslims, Christians, and Jews, sued the School Board in federal court. Despite faith differences, these parents believe the new storybooks are age-inappropriate, spiritually and emotionally damaging for their kids, and inconsistent with their beliefs. After a lower court upheld the opt-out ban, the parents sought relief from the Fourth Circuit Court of Appeals but were denied again, with one judge dissenting. These parents yesterday asked the Supreme Court to restore their right to notice and opt-outs so they can help guide their children’s education in accordance with their beliefs—a result that, according to a recent poll, most Americans support. 

“Parents shouldn’t have to take a back seat to anyone when it comes to introducing their children to complex and sensitive issues around gender and sexuality,” said Eric Baxter, vice president and senior counsel at Becket. “Nearly every state requires parental consent before high schoolers can attend sex-ed. Parents should have the right to excuse their elementary school children when related instruction is introduced during story hour.” 

The Court will consider whether to hear the case later this fall.  

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at media@becketlaw.org or 202-349-7219.