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Supreme Court Upholds Parental Right to Opt Out of LGBTQ Lessons

The 6-3 ruling sends the case back for strict scrutiny by mandating advance notice to parents before LGBTQ-themed lessons, allowing children to be temporarily excused.

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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 Supreme Court reversed the Fourth Circuit in a 6-3 decision, granting Maryland parents a preliminary injunction to opt their elementary-aged children out of LGBTQ-themed instruction.
  • Justice Samuel Alito wrote that requiring children to receive lessons conflicting with their parents’ religious beliefs imposes an unconstitutional burden under the Free Exercise Clause.
  • The ruling mandates that Montgomery County Public Schools notify parents in advance before using LGBTQ-themed storybooks for instruction and allow children to be excused until the lawsuit is resolved.
  • Justice Sonia Sotomayor dissented, warning that advance notice and opt-out requirements could impose administrative burdens and disrupt classroom learning.
  • Legal experts say the decision could inspire similar lawsuits nationwide as other districts review their inclusive curriculum policies under strict scrutiny.