WASHINGTON – Sixty-six members of Congress, 26 states, diverse faith groups, 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 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 in 2023 (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. 

Highlights from yesterday’s filings include:

• The Solicitor General of the United States discusses the “obvious” religious exercise by parents in seeking to shield their children from instruction that violates their religious beliefs and how the Board has violated that religious exercise under a long line of Supreme Court cases. 

• 26 states highlight the longstanding national tradition of protecting parental direction on sexuality and gender instruction.  

• 66 members of Congress emphasize the long federal policy of encouraging cooperation between public schools and families over what their children learn in the classroom, and how no federal law requires Montgomery County to withdraw the parents’ notice and opt-out rights. 

• 35 members of the Maryland legislature explain why Maryland law requires affording religious families notice and opt-outs from this instruction, and how the Maryland legislature is trying to circumvent the families’ protections.

• A diverse array of ten religious organizations asks the Supreme Court to protect religious families with public school children from the devastating implications of reducing free exercise protections to direct coercion. 

• Religious liberty law scholars, led by Michael McConnell, Douglas Laycock, Thomas Berg, David Smolin, and Richard Garnett, explain the proper approach to free exercise burdens in the public school context. 

• Legal scholar Helen Alvaré and twelve state family institutes explain the important role of public school authority figures and the influence of transmitting a family’s religious traditions.  

• Legal historians Eric DeGroff and Ernie Walton, show the long historical tradition of protecting parental religious authority over their child’s education, including in the public school context.  

• Prominent legal groups including America First Legal Foundation and Americans for Prosperity, explain the lack of historical pedigree for the controversial and one-sided instruction here, and how it goes beyond the delegated authority of parents to their public schools.  

“As this outpouring of support makes clear, parents don’t take a backseat to anyone when it comes to raising their kids,” said Eric Baxter, vice president and senior counsel at Becket. “Montgomery County’s decision to run roughshod over parental rights betrays our nation’s traditions and common sense. The Justices should 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. The case will be argued on April 22, 2025. 

WASHINGTON – A diverse group of religious parents asked the Supreme Court 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 a diverse coalition of religious parents including Muslims, Christians, and Jews who challenged the opt-out ban in 2023 (Watch this short video to learn more). After a federal appeals court refused to restore their rights, the Supreme Court agreed to hear the case earlier this year. 

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, which violates Maryland law, the Board’s policies, and the advice of its own elementary school principals. 

“Montgomery County is pushing inappropriate gender theory on our children all while neglecting the core education they need to succeed,” said Grace Morrison, board member of Kids First, an association of parents and teachers advocating for notice and opt-outs in Montgomery County Schools. “We pray the Supreme Court puts a stop to this nonsense once and for all and restores parents’ right to raise their own children according to their beliefs.”  

Soon after the School Board announced it would take away parental notice and opt-outs for the storybooks, a diverse coalition of religious parents sued the School Board in federal court. Despite faith differences, these parents believe the storybooks are age-inappropriate, spiritually and emotionally damaging for their children, and inconsistent with their beliefs. Last year, the parents 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.  

“Forcing toddlers to learn about drag queens and pride parades without their parents knowing is as unconstitutional as it is unnecessary,” said Eric Baxter, vice president and senior counsel at Becket. “Our nation has a long tradition of respecting parents’ right to decide when and how to introduce their children to such sensitive topics, and we are confident the Court will uphold that enduring freedom here.” 

The Court will hear the case on April 22, 2025. 

WASHINGTON – The Supreme Court agreed today to decide whether 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. 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 in 2023 (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 in 2023, which violates Maryland law, the Board’s policies, and the advice of its own elementary school principals.  

“The School Board has pushed inappropriate gender indoctrination on our children instead of focusing on the fundamental areas of education that they need to thrive,” 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 Supreme Court will stop this injustice, allow parents to raise their children according to their faith, and restore common sense in Maryland once again.”  

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 appealed to the Fourth Circuit Court of Appeals but were denied again, with one judge dissenting. Last year, the parents 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. 

“Cramming down controversial gender ideology on three-year-olds without their parents’ permission is an affront to our nation’s traditions, parental rights, and basic human decency,” said Eric Baxter, vice president and senior counsel at Becket. “The Court must make clear: parents, not the state, should be the ones deciding how and when to introduce their children to sensitive issues about gender and sexuality.” 

The Court is expected to hear the case later this spring.  

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at [email protected] or 202-349-7219. 

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 [email protected] or 202-349-7219.