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Supreme Court Mandates Opt-Out Option for LGBTQ-Inclusive Books in Maryland Schools

Districts nationwide are reassessing opt-out policies after a ruling requiring advance notice of LGBTQ lessons that restores parental exclusion rights.

WASHINGTON, DC  JUNE 27: US President Donald Trump comments on Supreme Court rulings in the James S. Brady Press Briefing Room at the White House on Friday June 27, 2025. (Photo by Demetrius Freeman/The Washington Post via Getty Images)
Art by Sarah S. Brannen, author of Uncle Bobby's Wedding
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Associate Justice Samuel Alito poses for an official portrait.

Overview

  • The Supreme Court’s 6–3 ruling on June 27 enjoined Montgomery County Public Schools to notify parents before LGBTQ-inclusive storybook lessons and restore the right to opt out pending final adjudication under strict scrutiny.
  • Writing for the majority, Justice Samuel Alito invoked precedent from Pierce v. Society of Sisters and Wisconsin v. Yoder to affirm parents’ free exercise rights against mandatory curricular content.
  • Justice Sonia Sotomayor, joined by Justices Kagan and Jackson, dissented, cautioning that the decision invents a right to avoid exposure to ideas and threatens to overwhelm school administrations.
  • LGBTQ+ advocacy groups and major teachers’ unions condemned the injunction as eroding student representation, while lawmakers and some union leaders warned it could trigger opt-out challenges to science, history and other subjects.
  • Legal experts characterize the decision as a narrow ruling centered on procedural pluralism, not a blanket authorization for curriculum censorship, prompting districts nationwide to adjust opt-out policies.