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Supreme Court Grants Parents Right to Opt Out of LGBTQ-Themed Lessons

Requiring parental notice and opt-outs for LGBTQ-themed readings, the court remanded the suit to implement its strict scrutiny guidance

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FILE - A selection of books featuring LGBTQ characters that are part of a Supreme Court case are pictured, April, 15, 2025, in Washington. (AP Photo/Pablo Martinez Monsivais, File)
Protesters in support of LGBTQ+ rights and against book bans demonstrate outside of the U.S. Supreme Court Building on April 22, 2025 in Washington, DC.
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Overview

  • The 6-3 conservative majority held that forcing LGBTQ-themed instruction without opt-outs places a substantial burden on parents’ First Amendment free exercise rights.
  • Justice Samuel Alito issued a preliminary injunction ordering Montgomery County schools to notify families ahead of any LGBTQ-themed lessons and allow students to opt out during the ongoing litigation.
  • The high court overturned earlier rulings by district and appeals courts and remanded the case to the lower court for application of strict scrutiny review.
  • The suit was brought by Muslim, Roman Catholic and Ukrainian Orthodox parents who objected to storybooks introduced in 2022 and later restricted opt-out options amid rising absences.
  • Justice Sonia Sotomayor’s dissent warned the decision grants parents a de facto veto over curricula and could inspire similar challenges that narrow inclusive education nationwide.