Can Teachers Opt Out? What Mahmoud v. Taylor Means for Educators

In June, the Supreme Court gave a major win to parents in the court case of Mahmoud v. Taylor. After Montgomery County Schools removed an opt-out option for families that didn’t want their kids reading books with LGBT content, parents sued and won.

Specifically, the court emphasized that the First Amendment protects parents’ rights to direct the religious upbringing of their children, even during the school day. With the removal of the opt-out option, students were required to receive instruction that conflicted with their families’ religious beliefs. Recognizing students as a captive and impressionable audience, the Court held that failing to provide notice and an opt-out opportunity for such content violates parental rights.

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About the Author

Cory Brewer

Cory Brewer is an attorney at the Wisconsin Institute for Law & Liberty, where she works on the nationwide initiative Restoring American Education.

About the Author

Daniel Buck

Daniel Buck is a research fellow and the director of the Conservative Education Reform Network at the American Enterprise Institute.

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In June, the Supreme Court gave a major win to parents in the court case of Mahmoud v. Taylor. After Montgomery County Schools removed an opt-out option for families that didn’t want their kids reading books with LGBT content, parents sued and won.

Specifically, the court emphasized that the First Amendment protects parents’ rights to direct the religious upbringing of their children, even during the school day. With the removal of the opt-out option, students were required to receive instruction that conflicted with their families’ religious beliefs. Recognizing students as a captive and impressionable audience, the Court held that failing to provide notice and an opt-out opportunity for such content violates parental rights.