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From the Scopes Trial to Today’s Classrooms, Supreme Court Upholds Parents’ Opt-Out for LGBTQ+ Books

The ruling caps a surge of state laws limiting LGBTQ+ curriculum, following reports of more than 10,000 books banned last school year.

The The Rhea County courthouse where the Scopes Monkey Trial occured in 1925 is seen, Tuesday, July 8, 2025, in Dayton, Tenn. (AP Photo/Mike Stewart)
Bryan College, a private Christian college, is seen, July 8, 2025, in Dayton, Tenn. (AP Photo/Mike Stewart)
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Overview

  • This summer the U.S. Supreme Court confirmed that religious parents can opt their public-school children out of reading books with LGBTQ+ themes.
  • Since 2022, eleven states have enacted statutes restricting classroom discussions of LGBTQ+ people or issues, according to the Movement Advancement Project.
  • Free-speech group PEN America documented over 10,000 books removed from public schools in 2023–24, with most bans targeting titles on race, sexuality and gender identity.
  • Advocates link the opt-out ruling to a century-long parental-rights movement that began with the 1925 Scopes Trial and now includes book bans, CRT disputes and expanded voucher programs.
  • Legal fights over diversity, equity and inclusion policies and proposals for religious charter schools illustrate the broader political pressures reshaping public education.