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Supreme Court Lets Maryland Parents Opt Out of LGBTQ Storybook Lessons

The decision applies strict scrutiny to public school curricula strengthening religious rights for objecting parents.

Pride flags are used to celebrate Pride Month at the Stonewall National Monument at Christopher Park adjacent to The Stonewall Inn, in the Greenwich Village section of New York City, New York, U.S., June 23, 2021.  REUTERS/Brendan McDermid/File photo
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Overview

  • The Supreme Court reversed lower-court rulings, signaling that parents with religious objections cannot be forced to have their children attend LGBTQ storybook readings, although the decision is not yet final.
  • Montgomery County schools adopted five LGBTQ-themed books in 2022, including Prince & Knight and Uncle Bobby’s Wedding, to promote diversity while initially offering exemption rights.
  • After ending opt-outs in 2023 due to logistical issues and concerns about student isolation, the school board faced protests that helped propel the lawsuit.
  • The 6-3 conservative majority applied strict scrutiny to the curriculum policy in line with its recent rulings favoring religious freedom claims.
  • The Becket Fund for Religious Liberty defended the parents’ challenge, while Pen America and the Freedom From Religion Foundation cautioned that it could lead to a de facto book ban.