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Supreme Court Restores Opt-Out Rights for LGBTQ+-Inclusive Lessons in Maryland

Grounded in parental free exercise precedents, the decision mandated advance parental notice of LGBTQ+-inclusive lessons.

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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Overview

  • In a 6-3 ruling authored by Justice Samuel Alito, the court reversed lower-court judgments and imposed a preliminary injunction requiring Montgomery County Public Schools to notify parents before and allow opt-outs from lessons using LGBTQ+ storybooks.
  • The majority drew on precedents such as Wisconsin v. Yoder and Pierce v. Society of Sisters to conclude that denying opt-outs imposes an unconstitutional burden on religious parents’ First Amendment rights.
  • Justice Sonia Sotomayor’s dissent cautioned that the notice and opt-out requirements could create unmanageable administrative burdens and disrupt public school operations.
  • Montgomery County Public Schools officials announced they will assess the ruling’s implications and develop a plan to comply with the injunction in upcoming lessons.
  • President Trump hailed the verdict as a win for parental rights, while LGBTQ+ advocates including the Human Rights Campaign condemned it as harmful to inclusive education.